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J^epartment : of : Sublie : Snstruetion 
Srank Qrane, Superintendent 



MITCHELL, S. D. 
•A.TOR SCHOOL SUPPLY CO., 
PUBLISHERS. 
1897 



Ohe Compiled 

School ^ cCaws 

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South 3)akota 



With Constitutional Provisions 

Sssued by authority of the 

3)epartment : of : S^ublic : Snstruction 
^rank Crane, Superintendent 

MITCHEIylv, S. D. 

THE EDUCATOR SCHOOIy SUf i»I,Y CO., 

PUBLISHERS. 

1897 



©CT 13 m7 






EDUCATION. 
An Act to Establish a Uniform System of Education for the State of 

South Dakota and to Repeal Certain Legislation Relating- 

Thereto. 
Be it Enacted, etc.: 

Chapter I — State Supervision. 

Section I. Superintendent — Duties of.] The superintendent 
of public instruction shall be charged with the general supervision of 
all the county superintendents of the state. He shall meet county 
superintendents in convention at least once each year, at such points 
in the state as he may deem most suitable for that purpose, and by ex- 
planation and discussion endeavor to secure a more uniform aad effic- 
ient administration of the school laws. He shall attend teachers' 
institutes in the several counties in the state as far as may be consist- 
ent with other duties imposed by law, and assist, by lecture or other- 
wise in their instruction and management. The state superintend- 
ent shall prescribe rules and regulations for holding county normal 
institutes. He shall render a written opinion to any county super- 
intendent asking it, touching the exposition or administration of the 
school law, and shall determine all cases appealed from the county 
superintendent. 

Sec. 2. Office Of.] An office shall be provided for him at the 
seat of government in which he shall file all papers, reports and pub- 
lic docum.ents transmitted to him by the county superintendents, each 
year separately, and hold the same in readiness to be exhibited to the 
governor or a committee of either house of the legislature at any time 
when required; and he shall keep a faithful record of all matters per- 
taining to his office. All books presented to his office or purchased 
therefor shall be carefully preserved and catalogued by him. The 
educational library thus formed shall be open to the teachers of the 
state for reference and examination. 

Sec. 3. Shall Print Eaws.] Immediately after the adjourn- 
ment of this legislature, and every two years thereafter if deemed 
necessary he shall cause the school law to be printed, with all the 
amendments thereto, with such notes, rulings, forms and decisions as 
may seem of value to aid the school officers in the discharge of their 
duties. Appropriate reference shall be made to the previous law 
that has been amended or changed, so as clearly to indicate such 
amendments or changes. He shall send to each county superintend- 
ent a number of copies sufficient to supply the school officers of the 
county with one copy each 



4 SCHOOI, I,AWS 

Sec. 4, Shall Make Report.] On or before the 31st day of 
December preceding^ each reg^itlar session of the legislature, he shall 
present a biennial report to the frovernor, which report shall show the 
condition and needs of the public schools throughout the state, and the 
workings of the educational system of the state. 

Sec. 5. To Prepare Examination Questions.] It shall be his 
duty to prepare all questions for the examination of teachers by the 
county superintendents, and no county superintendent shall examine 
teachers with questions not thus furnished. Whoever shall sell, bar- 
ter or give away to applicants for certificates or to any other person 
the questions prepared by the superintendent of public instruction, to 
be used by the county superintendent in the examination of teachers, 
shall be deemed guilty of a misdemeanor, and on conviction thereof 
shall be fined not less than twenty-five ($26) or more than one hun- 
dred ($100) dollars. 

Sec. 6. May Appoint Deputy.] He shall have power to ap- 
point one assistant, or deputy, who shall receive a salary of one thous- 
and two hundred f$l,200) dollars, and shall perform such duties per- 
taining to the office as the superintendent may direct. 

Sec. 7. Institute Conductors.] He shall, on or before March 
1st in each year, prepare and send to each county superintendent a 
list of the names of institute conductors and county superintendents 
shall engage conductors for their county normal institutes from the 
list sent by the superintendent of public instruction. 

Sec. 8. Meeting of Institute Conductors.] He shall, on or be- 
fore the first day of April of each year, call a meeting of the county 
institute conductors for the purpose of exchanging views relative to 
the best methods of teaching and for outlining, as far as practicable, 
a general plan for institute work. 

Sec. 9. Blanks and Blank Forms.] All the necessary blanks 
to be used in transacting the business between the county and the 
state superintendent shall be supplied by the state superintendent. 
He shall also furnish each county superintendent with the necessary 
supply of blanks for the reports of teachers, district clerks and treas- 
urer, and with a book of forms or blanks not furnished by the state, 
and all blanks used in a county or district must correspond with a form 
in such book. 

Sec. 10. Compensation Of.] He shall receive such salary as 
is prescribed by law, and also a sum not exceeding two hundred ($200) 
dollars per annum for traveling and other expenses, while traveling 
on the business of the department. The traveling expense account 
and the certified bills for necessary ofl&ce expenses, and for the print- 
insr of such blanks and reports as are required by law, shall, be paid 
on the warrant of the state auditor. 



SCHOOL LAWS 5 

Sec. 11. State Certificates and Diplomas.] He shall have 
power to grant state certificates and state diplomas. He shall keep 
a full record of all examinations for state certificates 'and dij lomas, 
and carefully file in his office all papers relating thereto, the names of 
all persons to whom certificates or diplomas are issued, and the names of 
all persons applying- for the same shall be preserved with a report of 
the action in the case. He shall at the close of each quarter send to 
each county superintendent in the state, a list of the persons receiving- 
state certificates and diplomas. 

Sec. 12. Examination for Same.] Public examinations for 
state certificates and state diplomas shall be held by the superintend- 
ent of public instruction at least twice each year, at such time and 
place as he may select, as will best accommodate the teachers of the 
state. 

Sec. 13. State Certificates, How Secured.] A state certificate 
shall be valid for five years, authorizing the person to whom it is is- 
sued to teach in any of the common schools of the state, including 
those in cities and towns, for the period of five years aforesaid. 
Candidates for state certificates shall present satisfactory evidence of 
three years' successful experience, such evidence to be genuine, relia- 
ble and from disinterested persons. They shall pass a satisfactory 
examination in each of the following branches: Algebra, geometry, 
natural philosophy, physiology and hygiene, drawing, civil govern- 
ment, didactics, general history and American literature. The 
character of the papers submitted in the examination shall determine 
the candidate's knowledge of the English grammar, orthography and 
penmanship. The possession cf a good moral character shall be 
deemed a necessary requisite in every candidate, and satisfactory rec- 
ommendation to establish this shall be submitted by each candi- 
date. Any resident graduate of either of the state normal schools 
or the state university of South Dakota shall, upon the presentation of 
his or her diploma, be entitled to receive such state certificate free of 
charge, provided the graduates of said university have taken a course 
of pedagogy as given in that institution. A candidate for state cer- 
tificate, a resident graduate of anv college in this state, having taken 
a course of study equivalent to the advanced course of study prescribed 
in either of the state normal schools, or the collegiate depart:nent of 
the state university of South Dakota, shall upon filing with the state 
superintendent his or her diploma, a copy of the course of study pur- 
sued and the written etidorsement of the faculty of instruction be ex- 
empt from the required examination; Provided, the applicant has 
taught successfully in the public schools for at least one year. The 
superintendent of public instruction shall issue such state certificate 
free of charge. 



6 SCHOOI. I^AWS 

Sec. 14. Renewal of Same.] Any person receiving two sue 
cessive five-year certificates, shall be entitled to a renewal of the lat- 
ter upon presentation of his state certificates, and evidence of contin- 
ued employment and successful experience in the business of teaching-. 

Sec. 15. State D.iplomas, How Secured.] A. state diploma 

shall be valid for life, and shall authorize the holdei thereof to teach- 
in any of the public schools of the state. The lequirements of a 
state diploma shall be as follows: 

First. The candidate must present the diploma of the institu- 
tion of which he is a graduate, with a copy of the course of study 
therein taught, or he must pass an examination in such branches as 
will be selected by the superintendent of public instruction. 

Second. He must present ample proof that he has had at least 
ten (10) years successful experience as a teacher. 

Third. He must pass a satisfactory examinati®!i in the science 
and art of education. This shall be more or less extensive as the 
candidate is or is not a graduate of some reputable normal school. 

Fourth. He must pass an examination in two branches selected 
by him from the following: Greometry, trigonometry, astronomy, 
chemistry, zoology or geology. He must also pass an examination 
in two branches selected by him from the following: English liter- 
ature, rhetoric, general history, political economy and psychology. 

Fifth. He must write a thesis of not less than three thousand 
(3,000) nor more than five thousand (5,000) words upon some special 
topic embraced in one of the branches in which he is examined. 
His thesis the superintendent shall submit to two persons of acknowl- 
edged ability to review. 

Sixth. All papers must show a correct and intimate knowledge 
of English. 

Seventh. He must be recommended by persons of liberal edu- 
cation, disinterested and having full knowledge of his experience. 

Eighth. He must submit a thesis in his own handwriting upon 
some professional subject chosen by the superintendent. 

Ninth. He must submit evidence of a good moral character. 

Sec. 16. Certificate Fee.] Each applicant, except resident 
graduates from the normal schools of the state, for a state certificate, 
shall pay a fee of five dollars ($5.00), and for state diplomas shall pay 
a fee of ten dollars ($10.00). All fees thus collected shall be paid by 
the superintendent into the state treasury, and shall constitute the 
teachers' reading circle fund, and shall be subject to the order of the 
state auditor for that purpose; Provided, that should an applicant fail 
in said examination, one-half of the fee shall be returned; Provided 
that the state auditor shall issue his warrant on the state treasurer in 



SCHOOI. IvAWS / 

f aror of the treasurer of the state teacher's reading- circle upon vouch- 
ers filed by the superintendent of public instruction. 

Sec. 17. May be Revoked.] The superintendent of public in- 
struction shall have power to revoke any state certificate or diploma 
for any cause that would have prevented its issue. 

Chapter II. — County Supervision. 

Section 1. Superintendent — Duties Of.] The county superin- 
tendent of schools shall be charged with the general supervision of 
the schools of his county. He shall visit each school in his county 
as frequently as possible, at least once each school year, correcting 
any deficiency that may exist in the government of the school, in the 
classification of the pupils, or in the methods of instruction in the sev- 
eral branches taught; make such suggestions as he shall deem proper 
and necessary for the welfare of the school; note the character and 
condition of the school house, furniture, apparatus and grounds, mak- 
ing such suggestions to the district officers as will in his opinion im- 
prove the same. He shall keep a complete record of his official acts, 
a record of the name, age and postoffice address of each candidate for 
certificate to teach, the standing in each study, and the grade, date of 
issue and expiration of each certificate granted. He shall keep on 
file the papers of each candidate for a certificate, except the papers of 
applicants for first grade, at least for the period for which a certificate 
is granted. He shall keep a register of the teachers employed in his 
county, giving name of teacher, district in which employed, date of 
opening and closing terms, salary per month, grade of certificate, and 
date of superintendent's visits. He shall keep a record of all ap- 
portionments of the state and county school fund, and such other sta- 
tistical records as shall be required in making reports to the superin- 
tendent of public instruction. In addition to his annual report he 
shall, whenever called upon by the superintendent of public instruc- 
tion, make such special reports as may be required. 

Sec. 2. Shall Encourage Teachers' In?titutesJ The county su- 
perintendent of schools shall encourage teachers' institutes and asso- 
ciations, and shall labor in every practicable way to elevate the stand- 
ard of teaching, urge the continual employment of successful and effic- 
ient teachers, and prevent by all proper means the employment of 
those who are incompetetent and inefficient, and seek to make the 
em.ployment ol all teachers a responsible public duty, for the public 
advantage only, and free from favor and sectarian interest. 

Sec. 3. County Certificates — Requirements For.] On the first 
Friday of March, June, September and November, of each year, the 
county superintendent shall examine persons offering themselves as 
teachers for the public schools at least two of which examinations 
^hall be held at the county seat, notice of which examinations shall be 



8 SCHOOI. I<AWS 

duly published in the newspapers of the county. The ratio of cor- 
rect answers, compared with the per centum established by the super- 
intendent of public instruction for the granting- of certificates, all evi- 
dence disclosed by the examination and the superintendent's personal 
knowledg-e of the candidate's ability to teach and govern shall be the 
reasons for g-raating or refusing a certificate to any applicant; Pro- 
vided, that no person shall be granted a certificate who does not poss- 
ess a good moral character. 

Sec. 4. Grades of Same.] County certificates shall be of three 
grades. The first grade certificates shall be valid for a term of 
three years in every county in the state. Applicants for a certifi- 
cate of this grade shall pass an examination in orthography, reading, 
writing, arithmetic, geography, including physical geography, Eng- 
lish grammar, physiology, hygiene, history of the United States, civil 
government, current events, book keeping, American literature, 
drawing and didactics. The papers of applicants for first grade 
certificates shall be marked by the county superintendent and for- 
warded by him to the superintendent of public instruction who shall, 
after inspection and approval of the same, issue said certificates and 
send lists of the same without delay to all of the county superinten- 
dents of the state. The second grade certificate shall be valid for a 
term of two years. Applicants for certificates of this grade shall 
pass examinations in orthography, reading, writing, arithmetic, 
physiology, hygiene, geography, English grammar, history of the 
United States, civil government and didactics. Applicants for third 
grade certificates shall pass examinations in orthography, reading, 
writing, arithmetic, hygiene, geography, English grammar, history 
of the United States and didactics. The third grade certificate shall 
be valid for a term of not more than one year, or less, in the discretion 
of the county superintendent. Examinations for third grade certifi- 
cates may be held privately, subject to rules and regulations pre- 
scribed by the superintendent of public instruction. Second and 
third grade certificates shall be issued by the county superintendent. 
The second grade shall be valid in any school in the county in which 
it is issued, and the third grade certificate shall be valid only in such 
school as may be designated by the county superintendent. The 
county superintendent shall require a fee of one (1) dollar from every 
applicant for a certificate and all fees so collected shall at the close of 
each examination be deposited with the county treasurer to the credit 
of the county institute fund. 

Sec. 5. Age of Applicant.] No first or second grade certificate 
shall be issued to any person under 18 years of age; no third grade 
certificate shall be issued to any person under 17 years of age. No 
person shall be allowed to teach in any school of the state, who is not 



SCHOOL LAWS 9 

the holder of a valid certificate. All contracts made in violation of 
the provisions of this section shall be void. 

Sec. 6. Revocation of Certificate.] The county superintendent 
Is authorized and required to revoke at any time any certificate held 
in his county under authority of Section four (4) of this chapter for 
any cause which would have authorized or required a refusal to grant 
the same if known at the time it was granted, and for incompetency, 
immorality, intemperance, violation of the state law, cruelty, general 
neglect of business of the school or for refusal or neglect to attend a 
county institute, and at least one district institute each year, after 
due notice; Provided, that holders of first grade county certificates, 
in force, who have attended at least four (4) normal institutes, may be 
excused by the county superintendent, in his discretion, from atten- 
dance at institutes for such current year; and the revocation shall 
terminate the employment of such teacher in the school where he or 
she may be at the time employed; but the teacher must be paid up to 
the time of receiving such revocation. The county superintendent 
must at once notify the district board by whom such teacher is em- 
ployed of such revocation, and at the same time shall notify the 
teacher. And in case of a revocation of a first grade certificate he 
shall notify the superintendent of public instruction by an abstract of 
the charges thereof. The county superintendent must enter his 
action in such case of revocation in the books of his office. In re- 
voking a certificate, the county superintendent may act upon his 
personal knowledge or upon competent evidence obtained from others. 
In either case the action shall be taken after a fair hearing, and the 
teacher must be notified of the charge and given a chance to make 
defense at some time and place stated in said notice. The state 
superintendent shall notify every county superintendent in the state 
of the revocation of a first grade certificate. When certificates are 
revoked the same shall be returned to the office of the county superin- 
tendent revoking the same; Provided, that if any teacher refuse to 
deliver said certificate that has been revoked, it shall be the duty of 
the county superintendent to publish notice of such revocation in the 
official papers of the county. 

Sec. 7. County Normal Institute.] The county superintendent 
shall hold annually a normal institute, between the first day of April 
and the fifteenth day of September, of not less than five days dura- 
tion, for the instruction of teachers and those who desire to teach, and 
he shall procure such assistance in addition to the conductor as he 
may deem necessary. At the close of the normal institute the con- 
ductor thereof shall immediately forward to the county auditor a 
certified list of the persons enrolled therein, together with a certified 
copy of the certificate of appointment of the conductor, and the county 



10 SCHOOL SONGS 

auditor shall present the said list and copy of such certificate to the 
county treasurer who shall thereupon transfer the sum of two dollars 
($2.00) for each and every person named in said list from the county 
g-eneral fund account to the county institute account. All disburse- 
ments of the institute fund shall be upon a warrant of the county 
superintendent, and no warrant shall be drawn, and no money shall 
be paid as provided in this section unless the list and copy of the 
certificate has been filed, and then only upon certified, itemized bills 
presented to the county superintendent and approved by him for 
services rendered or expenses incurred in connection with the normal 
institute. 

Sec. 8. Medium of Communication.] The county superintendent 
shall at all times conform to the instructions of the superintendent of 
public instruction as to matters within the jurisdiction of the latter. 
He shall serve as the medium of communication between the superin- 
tendent of public instruction and the district officers. 

Sec. 9. Salaries of Superintendents.] The county superintendent 
shall receive a salary payable monthly and to be determined as 
follows: By the value of the property in their respective counties as 
fixed by the state board of equalization for the preceeding year, and 
by the population of their respective counties. The entire vote of 
the county multiplied by five shall be the basis of reckoning- the 
population. They shall be entitled to receive one (1) mill on each 
dollar of the first one hundred thousand dollars ($100,000), and three- 
eig-hths (3-8) of one mill on each dollar from one hundred thousand 
dollars ($100,000), to six hundred thousand dollars ($600,000); and one- 
fourth (>() of one mill on each dollar from six hundred thousand 
dollars ($600,000) to one million one hundred thousand dollars ($1,100,- 
000) and one-tenth (1-10) of one mill on each dollar from one million 
one hundred tho •'sand dollars ($1,100,000) to two million six hundred 
thousand dollars ($2,600,000) and one-twentieth (1-20) of one mill on 
each dollar on all sums aoove two million six hundred thousand 
dollars ($2,600,000). And in addition to the above named sum he 
shall receive for the first one thousand inhabitants within his county 
the sum of seventy-five dollars ($75); for each additional one thousand 
(1,000) inhabitants within the county or major fraction thereof he 
shall receive fifty dollars ($50). Provided, that he shall not receive 
more than fifteen hundred dollars ($1,500) in any county nor any other 
compensation; Provided, further, that in counties having- an assessed 
valuation of less than three hundred thousand dollars ($300,000) the 
salary shall not exceed two hundred dollars ($200). Provided 
further, that the county superintendent shall sign his name in the 
attendance reg-ister of each school he visits, showing the date thereof, 
and that he carry a record book of such visits, which book shall be 



SCHOOI, I,AWS 11 

sig-ned by the teacher of the school visited by him, and such book shall 
be filed with the county auditor along- with the bill of such superin- 
tendent's salary for the last month of the calendar year; and it shall 
be the duty of the conuty commissioners to deduct from the salary of 
visuch superintendent for such last month ten dollars ($10) for each and 
every school in the county under the direct supervision of such super- 
intendent, and not visited by him within such calendar year; Pro- 
vided, this act shall not reduce the salary of the county superinten- 
dents who were elected and qualified prior to the taking- effect hereof. 

Sec. 10. May Close School.] The county superintendent shall 
have power to close any school under his supervision on account of 
contagious disease, or for other good and sufficient cause known to 
him. The county superintendent of any county in this state shall 
have power, and it shall be his duty, whenever petitioned so to do by 
any land owner whose place of residence on such land in any inde- 
pendent school district in such county, or whose dwelling house 
thereon is more than three miles from the location of the school house 
in such district, to make an order attaching such land, not to exceed 
one hundred and sixty acres, to any adjoining school district, the 
school house in which is located within three miles or less of said 
residence or dwelling house, and thereafter said land shall be a part 
of the district to which it is so attached. 

Sec. 11. Visiting Schools.] It shall be the duty of the county 
superintendent of schools to visit the schools of independent districts. 
In towns having less than one thousand inhabitants, he shall have 
authority of direct supervision. 

Sec. 12. Certificate Not Required.] In cities and other indepen- 
dent districts, persons exclusively engaged in teaching music, draw- 
ing, penmanship, bookkeeping, foreign languages, or kindergarten 
methods, shall not be required to hold a county certificate. 

Sec. 13. To E^xamine Accounts.] It shall be the dutj' of the 
county superintendent to examine at least once each year the records 
and accounts of the district officers, and to advise them as to the proper 
form of keeping such accounts. Should any such officer fail to 
make his report according to law and at the time required the county 
superintendent is authorized to procure the same by examination of 
the records, files and accounts of such officer for the purpose of obtain- 
ing such information. It shall be the duty of the county superin- 
tendent to file with the chairman of the district board a certified 
statement of the condition of the records, accounts and funds of the 
treasurer and clerk as shown by said examination. 

Sec. 14. Vacancy — How Filled.] When the office of county 
superintendent shall become vacant by death, resignation, removal or 
otherwise, the county board of commissioners shall fill the vacancy by 



12 SCHOOI. IvAWS 

appointment, and the person so appointed shall hold his office until 
the next election of county officers. 

Sec. 15. Treasurer's Bond.] The county superintendent may at 
any time require a new or additional bond for the district officers 
whenever it may be deemed necessary by him, or upon the failure, 
death or removal from the county of any one of the sureties. All 
such bonds shall be filed with the county auditor, and in the case of 
the breach of any conditions thereof, the county superintendent shall 
cause an action to be commenced and prosecuted thereon in the corpo- 
rate name of the school district, and all moneys so collected shall be 
paid into the county treasury to be applied to the use of the schools of 
said district. If the county superintendent either fail or refuse to 
bring- such action upon the breach of the bond, then any taxpayer of 
the district may cause such action to be commenced, and the necessary 
expenses of such action shall be paid, unless otherwise ordered by the 
court, out of the county treasury from the funds apportioned to such 
district. 

Sec. 16. Oath of Office.] The county superintendent shall have 
power to administer oaths of office to all subordinate school officers of 
his county and to certify to the same, and district clerks are hereby 
empowered to administer oaths in all matters to which their respective 
districts may be a party. 

Sec. 17. Qualifications.] The county superintendent shall qual- 
ify on or before the first Tuesday in January of the year following the 
one in which he is elected, by taking- the proper oath of office, and 
executing- a bond in the sum of five hundred (500) dollars with two or 
more sureties to be approved by the board of county commissioners. 
The oath shall be subscribed upon the back of the bond, which shall 
be filed with the county auditor. The sureties of such bond shall be 
bound jointly and severally, and upon it an action or actions may be 
maintained by the board of county commissioners for the benefit of 
the district, or person, or fund injured by the breach of the conditions, 
thereof. 

Sec. 18. May Provide Office.] The county superintendent may 
provide at the county seat a suitable office for the transaction of busi- 
ness, when not provided by the board of county commissioners, and 
they shall allow accounts for all necessary expenditures for the use 
and furnishing of said office and for necessary stationery and 
printing. All books and pamphlets, circulars of information and 
other publications fr:>m the bureau of information of the United 
States, and all official publications of this state and other public 
documents and books relating to education, officially received by him, 
shall be deemed public property and shall be kept in his office and 
with other public property and records delivered to his successor.. 



SCHOOI. LAWS 13 

He shall furnish the board of county commissioners such statistics 
relating- to the schools of the county and the officers thereof as they 
shall desire, and as shall enable them to perform their duties 
correctly. 

Sec. 19. Shall Report Knumeration.] For the purpose of this 
act, all children in the state, over six and under twenty -one years of 
ag-e, shall be considered of leg-al school age and the county superin- 
tendent shall, on or before the first day of July of each year, report 
ander oath to the commissioner of school and public lands the enum- 
eration of persons in his county of school age. Such enumeration 
to be based upon the annual census taken by the district clerks of his 
county. 

Sec. 20. Shall Make Annual Report.] The county superintend- 
ent shall, on or before the first Monday of September of each year, 
make a report to the superintendent of public instruction, containing- 
a full abstract of the reports made to him by the district officers and 
such other matters as he shall be directed to report by the said super- 
intendent, and as he himself maj' deem essential in exhibiting- the 
true condition of the schools under his charge. Should he fail to 
naake such report he shall forfeit to the school fund of liis county, the 
sum of one hundred (100) dollars and shall, besides, be liable for all 
damages caused by such neglect. 

Sec. 21. Appeals From District School Boards.] The county su- 
perintendent of schools shall when requested givt advice relative to 
school matters to any school officer or person within the county. 
But such advice shall be advisory only. Any party dissatisfied with 
a decision of a district school board or board of education relative to 
school matters may appeal there-from to the district court of the 
county, at any time within thirty days after the rendering of such de- 
cision. Said appeal is taken by serving- a notice of appeal upon the 
district school board or board of education or any member thereof and by 
filing such notice of appeal and a bond for costs with the clerk of the 
school district, or board of education. Said notice of appeal must state 
the decision appealed from, in a clear and concise manner. Said bond 
for costs shall be in the sum of one hundred ($100) dollars with two or 
more sureties approved by the clerk of said circuit court, conditioned 
that appellant shall pay all costs therein that may be adjudged against 
him. When said notice for appeal and bond for costs is filed with 
the clerk of the school district or board of education as above, said 
school clerk shall within five days thereafter transmit to the clerk of 
the circuit court a oertified copy of his record of the decision appealed 
from, and all original papers filed in his office in said matter, inclnd- 
iug- the notice of appeal and bond for costs, therein; and said clerk 
may be conipelled by said circuit court by an order entered upon mo- 



14 SCHOOL LAWS 

tion to transmit such certified copies or orig-inal papers, and may be 
fined for neglect or refusal to transmit the same. For such tran- 
script and return, the said school clerk shall receive the usual copying' 
fees, and mileage one way, same to be taxed as part of the costs of 
suit. And the clerk of the circuit court shall receive and file said 
papers, and docket same, in the same manner, and shall receive the 
same fees therefor as in appeals from justices' courts to circuit courts, 
provided his costs need net be paid beforehand. When any matter 
is so appealed and filed with the clerk of the circuit court, it shall be 
docketed in the name of the dissatisfied party as appellant against the 
school district by its proper name as appellee, and it shall be tried 
anew in the cireuit court according to the regular procedure provided 
by law therein and shall in all respects be treated as a regular case or 
action in said court, save as hereinafter expressly provided. No no- 
tice of trial or note of issue need be served to have such matter placed 
upon the trial calendar, and the clerk of said circuit court shall at once 
enter same upon the trial calendar, and same shall come on trial in 
its regular order, except as provided below herein; and the same pro- 
ceedings shall be had and all judgments or orders therein shall be 
valid and mandatory as by law provided in any other regular case or 
action or proceeding in said circuit court; Provided, that above parties 
may agree upon a statement of facts in any actual case and have said 
case or matter tried anew thereon, before the court in chambers or 
in open court, after proper appeal and consent of parties. In all of 
above the circuit court shall render judgment therein and may render 
final judgment or make such order and direction therein as the cir- 
cumstances of the case may require and as the very right of the case 
may appear and enforce the same upon execution or by mandamus or 
attachment as for contempt. 

Sec. 22. Appeals From Circuit Court.] Appeals relative to 
school matters may be taken from the circuit court to the su- 
preme court of the state, and the same proceedings shall be had, and 
all judgments or orders therein shall be valid and mandatory as by 
law provided in any other case, or action or appeal or proceeding in 
said supreme court. 

Sec. 23. Tax Levy.] The county commissioners shall at the 
time of making the annual assessment and levy of taxes, levy a tax of 
one dollar ($1.00) on each elector in the county for the support of the 
common schools and a further general tax of two mills on the dollar 
upon all taxable property in the county to be applied to the same 
purpose, which shall, with the money received from the state, consti- 
tute and be known as the county general school fund; and they shall 
levy such further tax upon the taxable property of each school district 
as the board thereof shall certify is required for the support of the 



SCHOOI, I,AWS 15 

schools of that district, which latter special tax when collected, shall 
be credited to the district to which it belong^s, to be collected at the 
same time and in the same manner as prescribed by law for the collec- 
tion of other county and state taxes. The county treasurer shall on 
the first Monday in January, April, July and October, furnish the 
county superintendent with a statement of all moneys in the county 
treasury belong-ing- to county general school fund, and shall pay the 
same upon the order of the superintendent to the treasurers of the 
respective public school corporations of the county. The county 
treasurer shall also pay at such times as are required by law to the 
treasurer of each school corporation, all of the school money collected 
for such corporation and shall take duplicate receipts for the money 
paid. He shall send one of the receipts to the clerk of the said 
school corporation. 

Sec. 24. Apportionment of School Money.] The county superin- 
tendent shall, on or before the second Monday in January, April, July 
and October of each year, apportion the money in the county treasury 
belonging- to the county general school fund to the several public 
school corporations within the county in proportion to the number of 
children of school age residing therein. He shall also draw orders 
on the county treasurer in favor of the several school treasurers of 
the county for the amount apportioned to them, and shall take their 
receipts therefor. 

Sec. 25. District Institutes.] It shall be the duty of the county su- 
perintendent to hold district institutes during the school year, and he 
shall actively and earnestly promote the same. In holding said in- 
stitutes he may group two or more districts in institute organization. 
Said institutes shall be so arranged that the teachers in each district 
or group of districts shall have the benefit of such institutes at least 
twice during the school year. 

Sec. 26. Not Hold Other Office.] The county superintendent 
shall not hold the office of county commissioner or school district offi- 
cer; Provided, that no person shall hereafter be elected or appointed 
to the office of county superintendent who is not the holder of at least 
a valid first grade certificate secured at least one year prior thereto, 
and who has not had at least twenty-four (24) months of actual experi- 
ence in school teaching. 

Sec. 27. Clerk's Report.] The clerk of each school district shall, 
on or before the first day of August of each year make, sign, trans- 
mit, or deliver to the county superintendent, an annual report in 
writing covering the preceding school year and including all the facts 
and statistics of the school district, which are required to be included 
in the county superintendent's state report, and in the same order 
therein required except any item therein peculiar to the county and 



16 SCHOOI. I,AWS 

not belonging to the district. He shall also report the branches of 
study in the graded and ungraded schools separately, the names and 
addresses of the district school officers, and the dates when their terms 
severally expire, and all other facts and statistics which the county 
superintendent may require for his report to the superintendent of 
public instruction. He shall also enumerate the number of children 
of legal school age, male and female, designating each separately, re- 
siding in the districts on the first daj-^ of May previous to the date of 
such report, and shall file such census report with the county superin- 
tendent on or before the first Monday of June of each year. 

Sec. 28. Treasurer's Report.] At the annual meeting of the 
school board on the second Tuesday of July of each year, the incoming 
district board shall make settlement with the district treasurer, who 
shall at that meeting make his annual report in triplicate, one copy 
to be preserved in the treasurer's office, and upon approval of the 
same by the district board, one approved copy to be filed with the 
district clerk, and one approved copy to be transmitted by 
■aid clerk to the county superintendent on or before the first day of 
August of each year. On making said settlement it shall be the 
the duty of the district board to compare the certified bills allowed by 
the board with the orders issued, also to compare the orders paid by 
the district treasurer the preceding year with the clerk's record of or- 
ders issued; and also compare the record of money received and orders 
paid by said treasurer with his annual report, and if found correct th« 
report shall be approved, the orders cancelled and filed with the dis- 
trict clerk. The board shall cause to be posted in three public 
places or published in a newspaper of general circulation in the county 
an itemized statement of the receipts and expenditures for the preced- 
ing school year. 

Sec. 29. Failure of Officer to Report.] If any district officer fails 
or neglects to transmit or deliver to the county superintendent the 
annual report of his district at the time required by law it shall be- 
come the duty of the county superintendent to visit said district officer 
at his residence in said district and to obtain such report. Upon 
sworn statement of such visit being filed by the county superintendent 
with the county auditor, the county commissioners shall order the sum 
of five dollars to be transferred from the general fund of said district 
to the county general fund and a county warrant for that amount 
shall be issued to the county superintendent. 

Sec. 30. Mileage of County Superintendent.] The county super- 
intendent shall receive five (5) cents per mile each way for every mile 
necessarily traveled in attending such meetings of the county super- 
intendents as may b« convened by the state superintendent at any 
time; Provided, that such mileage shall not be regarded as Compen- 
sation. 



SCHOOI, I^AWS 17 

Chapter III. — Schooi, Corporations. 

Section 1. School Corporations Defined.] In all counties organ- 
ized for school purposes under the district system, at the taking effect 
of this act, each school district shall be and remain a district school 
corporation, and each civil township in every county in the state not 
organized for school purposes under the district system at the taking 
effect of this act shall be and is hereby constituted a district school 
corporation. Each township in every county in the state which at 
the taking effect of this act consists of territory not organized into a 
civil township shall be and remain a district school corporation; Pro- 
vided, whenever such school township shall be organized into or 
annexed to a civil township, such civil township shall thenceforth 
constitute a district school corporation; Provided, further, nothing in 
this act shall be construed to alter the boundary lines of any school 
<iistrict, or of any school township organized prior to the passage of 
this act, except as hereinafter provided. 

Sec. 2. New Counties — Districts Of.] In any county hereafter 
organized the county commissioners shall divide the county, or the 
settled portions thereof, into school districts. In the formation of 
such districts and the arrangement of their boundaries as provided 
for in this section, the boundary lines of congressional townships 
shall be made the boundaries of the districts; Provided, that no dis- 
tricts shall be thus formed in which there are not at the time of for- 
mation at least ten children of legal school age. 

Sec. 3. Township District — ^How Subdivided.] (1) In any county 
containing township districts, such districts may be divided as follows: 
Upon a receipt of a petition signed by at least one third of the 
qualified electors of any township district, it shall be the duty of the 
district clerk to post a notice on the door of each school house in said 
district calling an election for the purpose of dividing said township 
district into new districts of one school each. The election shall be 
Iseld on the second Tuesday of March at a convenient place designated 
by the school board, at a regular or special meeting thereof; Provided, 
that said petition and posted notices shall contain a plat of the pro- 
posed division, and a copy of said plat shall be posted by the district 
clerk at the polling place on the day of election; Provided, further, 
that said petition shall be filed with the district clerk at least twenty 
days prior to said election, and said notices shall be posted at least 
ten days before said election, specifying time and place thereof. 
The provisions appertaining to the election of district school officers 
shall apply to this election as near applicable. If a majority of 
the votes cast at this election are in favor of division and said petition 
a,nd poll book of said election are on file with the county auditor, the 
board of county commissioners and county superintendent shall, at 



18 SCHOOI. LAWS 

the next regular meeting- of the board of county commissioners in 
April following- such election divide the said township into districts 
in accordance with the returns of said petition and election. Any 
township district which comprises two or more civil townships may be 
divided into school districts corresponding to the civil townships.. 
The division and apportionment of indebtedness shall be made and 
the officers of such new districts elected iti the manner provided in the 
case of the divi-^ion of township districts into districts of one school 
each. (2) At the regular meeting of the board of county commis- 
sioners in July following said election, the county commissioners and 
the county superintendent shall make an equitable apportionmert of 
the property and indebtedness (other than bonded) of the township 
district among the new districts formed therefrom; Provided, that 
should there be any bonded indebtedness outstanding against the 
township district, the county commissioners shall levy a tax annually 
on the property of the new districts formed therefrom sufficient to pay 
the interest and principal of the bonds as the same become due. 
The county treasurer shall apply such tax to the payment of said 
bonded indebtedness, and when the bonds are paid and cancelled the 
county treasiirer shall place the unused balance, if there be anj', of 
such tax, to the credit of the districts formed therefrom. (3) Upon 
the receipt of a petition signed by a majority of the qualified electors 
of any civil township in said county, having districts smaller than 
civil townships, the county commissioners and the county superin- 
tendent of schools shall declare that the school district shall comprise 
a civil township and the county superintendent shall appoint the 
necessary officers as hereinafter provided in Section 1 of Chapter 4 of 
this act, who shall hold until the next election; Provided, that in the 
union of said minor districts all indebtedness shall be adjusted as 
provided in paragraph 2 of this section. 

Sec. 4. Officer's Report in Case of Subdivision.] In each new 
district formed by division as provided for in Section 3, the officers 
thereof shall be chosen at the annual school meeting following. 
The clerk of each original township district shall, on or before the 
first Monday in July following the division as provided for in Section 
3 of this chapter, forward to the county auditor a certified statement 
of the finances of the township district, including the bonded and 
other indebtedness. The treasurer of each original township dis- 
trict shall also within the same time turn over to the county treasurer 
all money belonging to said district and such money shall be appor- 
tioned to the districts succeeding as provided in Section 3 of this 
chapter. 

Sec. 5. Name of School District.] Every school district which 
consists of a civil township shall be named the 



SCHOOL LAWS 19 

school district of county, state of South Dakota, 

with the name of the civil township inserted in the blank before the 
word school, and the name of the county in which it is situated in- 
serted before the word countj^ Everj' school district consisting- of 
territory not organized into a civil township, but which has been 
named by a distinctive name shall have such distinctive name inserted 
in the blank before the word school. Every school district consist- 
ing- of territory not org^anized into a civil township and which has no 

distinctive name, shall be called school district No of 

county, with its proper number inserted in 

the blank after the word number, and the proper name of the county 
inserted. 

Sec. 6. Boundaries — How Changed.] After the boundary' lines 
of the several school districts in a county are established as provided 
for in the preceding sections of this chapter, such boundaries at any 
regular meeting nia\' be changed, or new districts created by the 
board of county commissioners and the county superintendent of 
schools, upon a petition for such change signed by ten legal voters 
residing- in the district to be affected by such change; due notice 
having been g^iven bj' the county auditor to the school board of the 
districts to be affected by such proposed change; if, in the judgment 
of the commissioners and the superintendent such change is for the 
best interest of tne patrons of the schools; Provided, that when 
petition is made for the formation of a district from parts of two or 
more counties, the comtnissioners of the said counties ma}^ in their 
discretion appoint a joint commission to establish the boundaries of 
the proposed district and to adjust all accounts relating thereto. 
The said joint commission shall appoint the necessary officers in said 
district. It shall be the duty of the county superintendent of the 
county in which the school houfe of said district is located to fill all 
vacancies that may occur thereafter; to license the teacher for said 
school and to have supervision of the same. Whenever district 
boundaries shall be changed under the provisions of this act, it shall 
be the duty of the county commissioners and the county superinten- 
dent to make an apportionment of property and indebtedness as 
provided in Section 3 of this chapter. 

Sec. 7. School District Corporations.] Every school district 
established under the provisions of this act shall be and is hereby 
constituted a distinct corporation for school purposes and under its 
own proper name or number of such corporation, may sue and be sued, 
contract and be contracted with, and acquire, purchase, hold and use 
personal and real property for the purposes mentioned in this act; and 
sell and dispose of the same. 

Sec. 8. County Superintendents Shall Make Plat of County.] 
The county superintendent shall, within thirty days after the first 



20 SCHOOL LAWS 

school election held as provided herein, transmit to the superintendent 
of public instruction a plat of the county showing the boundaries and 
name of each school district therein. He shall also record a copy of 
the same, tog-ether with all the proceedings of the county board done 
under this act in a proper book kept for the purpose. He shall 
promptly furnish such officer with a corrected plat, showing any 
changes at any time in the boundaries of school corporations. The 
superintendent of public instruction shall furnish directions for the 
suitable preparation and construction of such plats in regard to the 
scale of marking, etc., in order to secure a uniform series of maps for 
binding for office use. 

Chapter IV. — District School Board. 

Section 1. School District Officers.] On the third Tuesday in 
June, 1891, there shall be elected in each district a school board con- 
sisting of a chairman, clerk and treasurer, for the term of one, two 
and three years respectively, and annually thereafter one member of 
said board for the term of three years; Provided, that in districts con- 
taining two schools, not more than two of such officers shall be 
patrons of the same school, and in districts containing three schools 
not more than one such officer shall be elected from any school in said 
district; Provided further, in districts containing more than three 
schools, the patrons who are electors of such schools as are not repre- 
sented on the school board by the school officers herein provided for, 
shall meet on the fourth Tuesday in June at their respective school 
houses and elect one of their number a member of the school board 
whose term of office shall be for one year. Each officer and member 
elected under the provisions of this act shall qualify on or before the 
second Tuesday in July following his election, and shall hold his 
office for the number of years for which he is elected, and until his 
successor is elected and qualified. Whenever a school district shall 
be formed, the county superintendent of schools shall appoint 
temporary officers for such school district who shall serye until the 
first annual school election following and until their successors are 
elected and qualified. Whenever a vacancy may occur from any 
cause in any school office under the supervision of the county superin- 
tendent, he shall also fill such vacancy by appointment, and such 
officer shall hold such office until the next election when the vacancy 
shall be filled by a vote of the people. 

Sec. 2. Annual Election of School Officers.] Not less than ten 
days before the election required under Section 1 of this chapter, the 
district clerk shall post notices in three public places in the district. 
Said notices shall specify the time and place of holding the election, 
and the hours during which the polls shall be kept open. The chair- 
man and clerk of the district board shall serve as judge and clerk of 



SCHOOI, I,AWS 21 

the election. If they are not present at the time of opening the 
polls, voters present may select a judge and clerk from their number. 
The polls shall be opened at 2 p. m. and kept open two hours in dis- 
tricts having but one school, and four hours in districts having more 
than one school. All persons who are qualified electors under the 
constitution of the state shall be qualified tn vote at any school dis- 
trict election. The voting must be by ballot and the polls and tally 
lists supplied through the county superintendent must be kept and 
returned to the district clerk, who shall, upon the receipt of the saine, 
issue the certificate of election to the persons receiving the greatest 
number of votes as shown by the certified returns; Provided, that in 
case of a tie, in the election of an officer, the contest shall be settled 
at once by lot by the board of election. 

Sec. 3. School Boards — Meeting of.] District boards having 
under their control more than one school shall hold four regular 
meetings each year for the transaction of business, to-wit: On the 
second Tuesday in July, the last Tuesday of August, November and 
March, at such place and hour as may be fixed by the school board. 
District school boards having under their control but one school shall 
meet annually on the second Tuesday in July; Provided, that the dis- 
trict clerk shall when requested by a majority of the board call a 
special meeting at any time by giving written notice to each member 
of the board; Provided also, that in any school district five legal 
voters may petition the clerk to call a special meeting of the voters 
at any time, and it shall be the duty of the clerk to call each meeting 
by posting such notices at least ten days prior to the time of meeting 
in three of the most conspicuous places in the district. Such notices 
shall give the date, hour and object of the meeting. 

Sec. 4. Chairman — Duties of.] The chairman shall preside at all 
meetings of the board. In his absence the chairman pro tempore 
shall preside. The chairman shall perform such other duties as are 
prescribed in this act. He shall receive two (2) dollars for each 
regular meeting of the district board attended by him, and shall re- 
ceive no other compensation for his services as a district officer. 

Sec. 5. Clerk — Duties of.] The clerk of the board shall keep an 
accurate record of all proceedings of the board, give or post all notices, 
make out all reports and statements, shall take census of the child- 
ren of legal school age in his district and file the same with the 
county superintendent on or before the first Monday of June in each 
year and perform all other duties required by law or by order of the 
board. 

Sec. 6. Clerk and Treasurer — Bonds of.] The school treasurer 
shall on or before the second Tuesday in July following his election, 
and before entering upon his duties, give a bond to the school district 



22 SCHOOL SONGS 

conditioned that he will honestly and faithfully discharg-e his duties 
as treasurer; that he will render a true account of all funds and prop- 
erty that shall come into his hands, and pay and deliver the same ac- 
cording- to law; Provided, that a bona fide deposit of school funds in 
the name of the school district in any bank or depository selected by a 
majority of the school electors of any school district, shall relieve the 
school treasurer thereof from liability for loss of said deposited funds 
while on deposit therein. Such bond shall be in such penal sum as 
may be fixed by the clerk and chairman of the board, but not less than 
double the sum as nearly as can be ascertained to come into his hands 
in any one year, shall be signed by two or more sufficient sureties and 
shall be approved by the clerk and chairman of the board. In case 
the said chairman and clerk refuse or neglect to approve the bond of 
the district treasurer and the sureties thereto, such treasurer may pre- 
sent the same to the county superintendent and serve notice thereof 
upon the said chairman and clerk, and upon due proof of such notice 
being made to the county superintendent, he shall unless good cause 
for dela3^ appear, proceed to hear and determine the sufficiency of the 
the bond and sureties thereto, and may approve the same, and such 
approval shall be in all respects valid. The clerk of the school 
board shall on or before the second Tuesday in Jul3^ following- his 
election, and before entering upon his duties, gfive a bond to the school 
district conditioned that he will honestly and faithfully dischargee his 
duties as clerk, that he will render a true account of all property that 
shall come into his hands as such clerk and deliver the same according- 
to law. Such bond shall be in penal sum of one hundred ($100) dol- 
lars and shall be sig-ned by two or more sufficient sureties and shall be 
approved by the chairman and treasurer. In case of neglect or re- 
fusal to approve sixch bond, it shall be approved in such a manner as 
provided in this section for the approval of the bond of the trsasurer. 

Sec. 7. Treasurer — Duties of.] The school treasurer shall keep 
such accounts and make such reports as are required of him by law. 
He shall pay no monej' out of the school funds in his hands except up- 
on the warrant of the school board, signed by the clerk and counter- 
signed by the chairman. He shall pay all warrants properly dra^n 
and signed when presented so long as there is any money in his hands 
or subject to his order for their payment, and shall draw all money in 
the hands of the county treasurer belonging to his district at least 
once every three months in each year. 

Sec. 8. Warrants — Payment of.] Whenever a warrant is pre- 
sented to the treasurer for payment and there is no money in his hands 
or subject to his order for the payment of such warrant, he shall en- 
dorse on such warrant presented for payment this day 

of 18. . . .and not paid for want of funds," and sign such 



SCHOOI, IvAWS 23 

endorsement. If he has in his hands or subject to his order money 
for the part payment of such warrant he shall make such part pay- 
ment and endorse the sum on the warrant and add "balance not paid 
for want of funds," sig-ning- the same. He shall keep a correct reg- 
ister of all warrants so presented and endorsed. Every warrant 
thus presented and endorsed shall draw interest for the amount 
unpaid at seven (7) per cent per annum until paid; Provided, 
that whenever there shall come into the hands of the treasurer or 
subject to his order, money applicable to the payment of any warrant 
which has been so presented and registered, the treasurer shall notify 
in writing, by m.ail, the drawee of such warrant at his last known 
place of residence to present such warrant for payment, and interest 
shall cease upon every such warrant ten days after such notice shall 
have been sent and such money shall be held for the payment of such 
warrant. 

Sec. 9. Warrants — How Drawn.] Every warrant drawn by the 
clerk of the district board on the district treasurer shall specify the 
purpose for which the money is paid, the fund on which it is drawn, 
and the person, firm or corporation to whom paid; Provided, that no 
warrant shall be issued except for an indebtedness incurred prior to 
its issue. 

Sac. 10. Official Oath and Bonds— Where Filed.] All official 
bonds of school district officers shall be filed with the county auditor. 
The oaths and reports of school district officers shall be filed with the 
county superintendent. 

Sec. 11. Salary of Clerk and Treasurer.] The district clerk and 
treasurer shall each receive a salary of five dollars ($5) per annum for 
every school in the district. Provided, that such salary shall not ex- 
ceed twenty-five dollars ($25) per annum; Provided, further, that the 
county superintendent shall, upon the receipt of the annual report of 
the clerk and treasurer, if correct, complete, and received on or before 
August 1 of each year, notify the chairman of said school board that 
such reports have bee.i received. Thereupon the chairman of the 
school board shall sign the warrant for their annual salary and no 
part of said salary shall be paid until said notice. 

Chapter v.— Powers AND Duties OF THE District School Board. 

Sec. 1. Powers and Duties of Board.] The district school board 
shall have the general charg-e, direction and management of the 
school or schools of the district, and the care, custody and control of 
all the property belonging to it, subject to the provisions of this act. 
They shall organize, maintain and conveniently locate schools for the 
education of all children of school age within the district. When 
pupils reside at an unreasonable distance from their nearest school 
house in the school district, the school board may make reasonable 



24 SCHOOIy I^AWS 

financial provision for the transportation of such pupils to some other 
school in the district, or for their tuition in some other district; Pro- 
vided, such provision shall be only for actual attendance at public 
school. They shall make all necessary repairs to the school houses, 
outbuilding's and appurtenances and shall furnish fuel and all neces- 
sary supplies for the schools. They shall employ the teachers for 
the school or schools of the district, and may dismiss any teacher at 
any time for plain violation of contract, gross immorality or flag-rant 
neg-lect of duty; Provided, that every contract for the employment of 
a teacher must be in writing. That they shall have power to admit 
to the schools in the districts pupils from other districts, when it can. 
be done without injuring or overcrowding such schools, and to make- 
regulations for their admission and the payment of their tuition 
therein. They shall also have power to make proper and! 
needful rules for the assignment and distribution of pupils tO' 
and among the schools in the district, whenever it is deemed 
necessary by the board, and for the best interests of the pu- 
pils and district. Any school may be discontinued by the district 
board, who shall make arrangements for the transfer of pupils to some 
other school, and for their tuition therein. They shall assist and 
co-operate with the teacher in the government and dicipline of the 
schools, and may make proper rules and regulations therefor. They 
may suspend or expel from school any pnpil insubordinate or habitu- 
ally disobedient; Provided, that such suspension shall not be for a 
shorter period than ten days nor beyond the end of the current term of 
school. They shall have power to levy upon the property in the dis- 
trict, a tax for school purposes of not exceeding twenty (20) mills on 
the dollar in any year, which levy shall be made by resolutions of the 
board at their regular July meeting in specific amounts. The clerk 
shall immediately thereafter notify in writing the county auditor of 
the amount of tax so levied. The school board shall have the power 
to direct the removal of a school house to a more convenient location 
upon a vote of a majority of the electors of the school district; Provid- 
ed that in districts in which there shall be but one school house a 
two-thirds majority vote shall be necessary to remove such school 
house from the center of the district to any point in the district, 
or from any point in the district, to any other point in the district, 
except such removalshall be to the center of the district, in which 
case, a majority vote shall be sufficient for such removal; 
Provided, further, that any point within one hundred and sixty 
rods of the geographical center of the district ahall be deem- 
ed the center for the purposes of this act. The board shall have 
power, and on a demand of a majority of the qualified electors of the said 
district, it shall be the duty of the board to provide for such extra 
branches of study added to the regular course as may be desired by 



SCHOOI, LAWS 25 

said electors. And the school board of districts having more than 
three schools may on or before July first of any year, upon vote of the 
school electors, establish a boundary of the sub-divisions of the peo- 
ple of their respective districts for the purpose of electing- a director 
for each school, as provided in this act. On the fourth Tuesday 
of June of each year, in every district where there are more than three 
schools wherein such subdivisions have been established as above, 
there shall be elected one member of the school board from each subdi- 
vision not already represented on the school district board; such mem- 
ber must be a resident school elector, direct! 3' interested in the welfare 
of the school for which he is chosen. His term of office shall be one 
year, and until his successor is chosen and qualified. The member 
so elected shall within ten (10) days after such election notify the clerk 
of the school district board and file his oath of office with the county 
superintendent; and in case of failure to qualify, the school board shall 
forthwith appoint a member of said school. Five (5) days' notice 
shall be given by posting notices in three (3) conspicuous places in 
the vicinity, one of which shall be on the school house door; btit no 
such meeting shall be illegal for want of such notice in the absense of 
fraud; and the legality shall be determined, if called in question, by 
the county superintendent, whose decision shall be final. Such 
meetings shall have power to determine what branches in addition to 
those prescribed in Section (13) Chapter eight (8) of this act; shall be 
taught in their respective schools and at what time within the school 
year such school shall be held, and to direct such repairs as they may 
deem necessary in their school house, fixtures and outbuildings, and 
may petition the district school board for the removal of the school 
house to a more convenient location, for the erection of a new one or 
the sale of an old one and the lands belonging thereto; and upon any 
other subject connected therewith. And it shall be the duty of the 
member of the school board of such school to submit all such instruc- 
tions to the clerk of the district school board within ten (10) days after 
such instructions have been given by the meeting. And it shall be 
the duty of the district board to carry into execution all such instruc- 
tions pertaining to the branches to be taught and the time at which 
school shall be held; Provided, that it shall be the duty of the district 
board to furnish, equip and supply all the schools in the district ac- 
cording to the several necessities of said schools, and with as nearly 
equal school advantages as possible; Provided further, that nothing 
contained herein shall prevent the district board from exercising a: 
sound discretion as to all matters pertaining to the duties of their office 
not specifically provided for in this act. 

Sec. 2. Discontinuance of School.] The patrons of any school,. 
or any school district board may petition the county superintendent 



26 SCHOOL LAWS 

forth reason therefor and the remedy proposed, which shall be signed 
by a majority of the patrons or the school district board. Where- 
upon the county superintendent shall order a hearing- thereon, g-iving- 
out notice of time and place of such hearing to the patrons of the 
school, and district board and if after such hearing he shall deem it 
to the best interests of said school and district, he may order the 
school therein discontinued and the pupils thereof transferred to some 
other school nearest the home of said pupils, 
for the temporarj' discontinuance of such school; said petition setting 

Sec. 3. The Electors May Instruct Board.] In every district con- 
taining but one (1) school a majority of the qualified electors thereof 
shall at any regularly called district school meeting have authority to 
instruct the school board concerning the management of the 
school and to levy taxes for the maintenance of the same; 
Provided, that such taxes shall be levied at the annual school meeting 
in July of each year, and shall not exceed two (2) per cent of the taxa- 
ble property in the district; if any school district fails to hold in any 
school year, at least six months of school in any school house in said 
' district, providing no legal discontinuance be had, it shall be the duty 
of the county superintendent lo notify the county treasurer of the 
amount of money due said district from the apportionment fund for 
the quarter ending September 30th of the succeeding year, which 
amount shall be returned to the county general school fund, unless 
said district board made provisions for the instruction of the pupils 
for the required time in some other school. In case of failure in any 
district to levy a tax sufficient to support a school for the number of 
months above named, the board of county commissioners shall levy a 
tax on the property of the district that will be sufficient for the pur- 
pose; Provided, that such tax shall not exceed (2) per cent of the taxa- 
ble property in the district. 

Sec. 4. Clerk Shall Notify Auditor.] It shall be the duty of the 
district clerk on or before the 20th day of July in each year to notify 
the county auditor of tlie amount of tax voted at the last annual meet- 
ing or levied by the district school board and of any and all other tax 
of which notice has not previously been given. The notice shall be 
substancially in the following form. 

District clerk's office School district No 

Co., South Dakota. 

189 

To the county auditor of County, South Dakota. 

Sir; — You are hereby notified that a meeting of 

district No held on the day of the following tax was vot- 
ed for the coming school year: 
For tuition fund Dollars. 



SCHOOI< IvAWS 27 

For general fund Dollars. 

For sinking- fund Dollars. 

Total Dollars. 

Signed 

District Clerk. 
Sec. 5. Accounts — How Kept.] All moneys apportioned by the 
county superintendent to the district or received from the district tax 
for tuition purposes shall constitute the tuition fund. All moneys 
received from other sources shall constitute the general fund. The 
treasurer shall keep one general account wherein he shall set down 
on the debit side all the money he shall receive as treasurer from all 
sources whatever, each item of entry showing plainly the source of 
the particular payment to him, with the date thereof, and he shall set 
down upon the credit side all the money he shall pay out for all pur- 
poses whatever; each item thereof showing to whom and for what 
purpose each payment was made with the date thereof. The debit 
side shall alwaj^s be balanced by the total of the credit sice with the 
funds on hand added thereto. At the beginning of every school 
3-ear he shall open such account anew for that year, and the first item 
shall be an entry on the debit side of the balance on hand, if any, for 
the preceding Tear. He shall also keep a separate set of accounts 
of diiferent classes of receipts and expenditures, showing severally 
the following: 

Receipts. 

Amount received into the tuition fund from all sources 

Amount received into the general fund from all sources 

Amount received into the sinking fund from all sources 

Expenditures. 

Amount paid for tuition 

Amount paid for school houses, sites and furniture 

Amount paid for incidental expenses 

Amount paid as interest on bonds 

Amount paid upon debts and liabilities not included in other items 
The several accounts slmll be separately kept, and not required to 
balance. The accounts for diiferent classes of receipts shall be 
kept separately from the accounts of the different classes of expendi- 
tures; but every entry in each shall fully and clearly desitrnate its 
source or purpose, with the dates. 

Sec. 6. School Site.] The district school board shall purchase 
or lease such site for a school house as shall have been desio-nated by 
voters at a district meeting in the corporate name thereof, and shall 
move any school house in the district to any site designated by the 
voters at any regular or special district meeting; and shall build hire 
•or purchase such school house as the voters of the district in a district 
meeting shall have agreed upon, out of the funds provided for that 



28 SCHOOI< I.AWS 

purpose, and make sale of anj' school house or other property of the 
district, and if necessary, execute a conveyance of the same in the 
name of the district when lawfully directed by the voters of such dis- 
trict at any regular or special meeting", and shall carry into effect all 
lawful orders of the district. 

Sec. 7. Board May Take Land.] It shall be lawful for any board 
of district officers to take and hold any land not exceeding two (2) 
acres, situated on a section line or upon a regularly laid out highway, 
legally chosen as a school house site by a lawful district meeting. 
If the owner of such land refuses or neglects to grant such site to the 
district, or cannot be found, the superintendent of that county shall 
upon application proceed according to law to condemn and acquire 
title to the same in the name of said district; Provided, that no site 
shall be thus taken within forty (40) rods of any residence when the 
owner thereof objects to its being placed there, and not in any or- 
chard, garden or public park. But this section shall not apply to 
any incorporated town. 

Sec. 8. Conditions.] The title acquired to such school site shall 
be for such purpose only, and if not used for the purpose of maintain- 
ing a public school thereon for two successive years the title shall 
revert to the original owner upon repayment of the sum paid with the 
value of improvements made by the district and without interest. 

Sec. 9. Reports in English.] All reports and records of district 
officers, and proceedings of district meetings shall be in the English 
language, and if anv money belonging to any district shall be ex- 
pended for supporting a school in which the English language shall 
not be taught exclusively, the county superintendent or any taxpayer 
of the district may in civil action in the name of the district recover 
said money from the officer so expending it. 

Sec. 10. Clerk of District Meetings] The district clerk shall be 
clerk of all district meetings, but if such clerk shall not be present, or 
being present shall refuse to act at such district meeting, the voters 
present may appoint a clerk for such. meeting, who shall certify *the 
proceedings thereof, and the same shall be recorded by the clerk of 
the district. 

Sec. 11. Webster's Dictionary.] The district school board shall 
provide for each school in the district one Webster's International 
dictionary. And they may also provide for each school other high 
grade library books and books of reference as they may deem for the 
best interests of the schools; Provided, said expense shall not exceed 
ten dollars for any school in one year. And it is especially provided 
further that no school district board shall buy any apparatus, chart or 
similar device, unless said board is expressly authorized so to do by a 
majority cf the school electors of such school district at a regular or 
regularly called special meeting thereof. 



SCHOOI, IvAWS 29 

Sec. 12. Clerk Shall Draw Warrant.] The clerk shall draw and 
sig-n all warrants for the payment of money for the purpose leg-ally 
ordered by the board, and every such warrant shall be countersig-ned 
by the chairman of the board. No warrant shall be drawn by the 
clerk except upon presentation of a bill for the service rendered, duly 
certified, and the same shall be retained by him as voucher and placed 
on file in his office. 

Chapter VI. — Teachers and Schooi^s. 

Section 1. Teachers — How Employed.] Teachers shall be em- 
ployed only upon the exhibition of a teacher's certificate valid in the 
county where employed, and then only upon a written contract signed 
by the teacher and at least two (2) members of the district school 
board which shall specify the date at or about which the school shall 
begin, the length of time it shall continue, the wages per month, and 
the time of payment thereof, and said contract shall be signed in dup- 
licate and one (1) copy filed in the ofi&ce of the clerk and the other 
retained by the teacher. The following conditions shall be under- 
stood as forming a part of every contract whether expressed therein 
or not: (1) The teacher shall not hold school upon any of the follow- 
ing legal holidays: The thirtieth (30th) day of May, the fourth (4th) 
day of July, the day appointed by the president of the United States 
for national thanksgiving, and the twenty- fifth (25th) day of Decem- 
ber. But such days shall count as part of the term and the teacher 
shall be paid therefor, but such pay shall not be drawn for any Satur- 
day or Sunday. (2) School shall be adjourned during the session 
of the county normal institute, when the teachers have been notified 
by the county superintendent. (3) Teachers shall receive into their 
schools pupils transferred thereto by order of the diitrict board, or 
admitted by its authority. (4) Teachers shall send the notices, 
keep the proper entries in the register which shall show the grade in 
which each pupil belongs, the pupil's standing as shown by the exam- 
ination and such other information as will assist the succeeding 
teacher in the conduct and management of the school, and make re- 
ports required by law, and the county superintendent shall promptly 
furnish without cost to the teacher the blank forms for such reports, 
and the district board shall furnish for use the proper register pre- 
pared, so that the required facts and statistics can be kept in an 
orderly manner. (5) Teachers shall classify the work of their 
schools in accordance with the suggestions, grades and outlines as 
prescribed in the course of study recommended by a majority of the 
county superintendents of the state and the superintendent of public 
instruction, and shall hold examinations and make reports as pre- 
scribed therein. 



30 " SCHOOL LAWS 

Sec. 2. Teachers' Register.] The board of every school district 
shall provide one (1) suitable classification school register for each 
school therein, and keep the same as part of the records of his office 
except during each term of school, when the teacher shall keep said 
register and record therein each day the attendance of each pupil and 
the absence of those enrolled, and all other items necessary for 
making the report in the next section required. 

Sec. 3. Teachers Shall Make Report.] Every teacher of a com- 
mon school under this law shall at the expiration of each term imme- 
diately make out full duplicate reports and deliver one copy thereof 
with the school register to the school clerk, and one to the county 
superintendent. Such report shall show the names, ages and sex of 
all pupils admitted during such term, the branches taught, the studies 
pursued by each pupil, the text books used, the number of days taught, 
the number of days each pupil was present, the average daily atten- 
dance, the date when school began and ended, the salary per month, 
and information concerning the school and property. In addition 
to the above the report shall show the grade in which each pupil be- 
longs, his standing as shown by the monthly and term examinations, 
the daily program of class recitation, and such other information as 
may be required by the county superintendent. The teacher shall 
also make monthly reports to parents and to countj^ superintendents 
when blanks for same are furnished. And until such report shall 
have been so filed with the clerk, the school board shall not pay more 
than ninety (90) per cent of the wages of such teacher for his or her 
services as such, for the time required to be covered by such report. 

Sec. 4. Shall Give Notice.] Every teacher on commencing a 
term of school shall give written notice to the county superintendent 
of the time and place of beginning such school, and the probable time 
when it will end. 

Sec. 5. Penalty for Disturbing a School.] Every person, 
whether pupil or not, who shall willfully molest or disturb a public 
school when in session, or who shall willfully in'jerfere with or inter- 
rupt the proper order or management of a public school by acts of 
violence, boisterous conduct or threatening langtiage, so as to prevent 
the teacher or any pupil from performing his duty, shall upon con- 
viction thereof be punished by a fine not exceeding twenty-five dollars 
($25.00), or by imprisonment in the county jail not more than ten (10) 
days, or by both such fine and imprisonment. 

Sec. 6. Reading of Moral Instruction.] Moral instruction, in- 
tending to impress upon the minds of the pupils the importance of 
truthfulness, temperance, purity, public spirit, patriotism and respect 
for honest labor, obedience to parents, and due deference for old age, 
shall be given by every teacher in the public service of the state. 



school laws 31 

Chapter VII. — Compulsory Education. 

Section 1. Attendance — Period Of — Penalty.] Every person 
having- under his control a child between the ag-e of eig-ht 
and fourteen 3'ears, shall annually cause such child to at- 
tend for at least twelve weeks at least six weeks of which 
attendance shall be consecutive in some public day school 
in the city, town or independent district in which he resides, 
which time shall commence with the beg-inning- of the first term of the 
school 3'ear or as soon thereafter as due notice shall be served upon 
the person having such control of his duty under this act. For 
every neg^lect of such duty, the person offending shall forfeit to the 
use of the public schools of his school corporation a sum not less than 
ten (10) dollars nor more than twenty (20) dollars, and shall stand com- 
mitted until such fine and costs of suit are paid. But if the person 
so neg-lecting shall show to the board of education, or district school 
board, as the case may be, that such child has attended for a like per- 
iod of time a private day school, or that instruction has otherwise been 
g-iven for a like period of time to such child in the branches commonly 
taug'ht in a public school, that such child has already acquired the 
branches of learning- taug-ht in the public schools or that his physical 
or mental condition as declared by a competent physician is such as to 
render such attendance inexpedient and impracticable, then such pen- 
alty shall not be incurred. Such fine shall be paid when collected, 
to the county treasurer, or the treasurer of such city or independent 
district in which such child and parents reside, to be accounted for by 
him, as other money raised for school purposes. 

Sec. 2. Arrest of Truant Children.] It shall be the duty of the 
president of the board of education in every city or other independent 
district and the chairman of every district school board carefully to 
inquire concerning all supposed violations of this act and to enter com- 
plaint ag-ainst all persons who shall appear to be guilty of such viola- 
tion. It shall also be the dut3^ of said officers to arrest children of a 
school going age who habitually haunt public places and have no law- 
ful occupation, and also truant children who absent themselves from 
school without leave, and to place them in charge of the teacher hav- 
ing charge of the public schools which said children are by law en- 
titled to attend. And it shall be the duty of said teacher to assign 
such children to the proper classes and instruct them in such studies 
as they are fitted to pursue. Any school officer failing or neglecting 
to perform the duty required of him by this chapter shall be liable to 
a fine of not less than (10) nor more than twenty (20) dollars for every 
such offense. 

Sec. 3. Employment of Children.] No child between eight and 
fourteen years of age shall be employed in any mine, factory or work- 



32 SCHOOI. I.AWS 

shop or mereantile establishment, or, except by his parent or 
g'uardian, in any other manner daring- the hours when the public 
schools in the city, town, village or district, are in session, unless the 
person, firm or corporation employing him shall first procure a certifi- 
cate from the superintendent of the schools of the city, town or vil- 
lage, if one be employed, otherwise from the clerk of the school board 
or board of education, stating that such child has attended school for 
the period of twelve weeks during the year, as required by law, or 
has been excused from attendance as provided in Section one (1) of 
this article; and it shall be the duty of such superintendent or clerk to 
furnish such certificates upon application of the parent, guardian or 
other person having- control of such child, entitled to the same. 
Every owner, superintendent or overseer of any mine, factory, work- 
shop or mercantile establishment, and anj' other person who shall 
employ any child between eight and fourteen years of age contrary to 
the provisions of this article, shall be deemed guilty of a misdemeanor, 
and for every such offense shall upon conviction thereof, be fined not 
less than ten dollars ($10) nor more than twenty dollars ($20) and costs. 

Sec. 4. False Statement.] Any person having control of a child 
who with the intent to evade the provisions of this act, shall make a 
willfully false statement concerning the age of such child, or the time 
such child has attended school, shall for such an offense forfeit a sum 
not less than ten ($10) nor more than twenty dollars ($20) for the use 
of the public school corporation. 

Sec. 5. Prosecutions — How and by Whom Made.] Prosecutions 
under this act shall be instituted and carried on by the district school 
board or the chairman of the board of education in independent dis- 
tricts; Provided, that all prosecutions of school officers for their 
neglect of duty regarding the provisions of this chapter, shall be in- 
stituted and carried on by the county superintendent. 

Sec. 6. Courts Having Jurisdiction.] Police and municipal 
courts, justices of the peace and judges of the county court shall have 
jurisdiction within their respective counties of the offenses described 
in this act. 

Chapter VIII. — Miscbi,I/ANBous. 

Section 1. Definition of School Days.] The school year shall be- 
gin July one (1) and end June thirty (30). A school month shall con- 
sist of twenty (20) days, a school week of five school days, a school day 
of five and one-half school hours exclusive of intermissions; Provided, 
that the time specified as a school day shall not apply to primary 
■chools, and Saturdays shall not be counted as school days. 

Sec. 2. Illegal contracts.] No contract binding- on the school 
district shall be made in any case except by the school board or board 
of education, acting as such, at a reg-ular or reg^ularly called special 



SCHOOI, LAWS 33 

meeting, excepting- contracts made for the employment-of teachers. 

Sec. 3. Penalty for False Report.] Any clerk or treasurer of a 
school district who shall willfully sign or transmit a false report to 
the county superintendent, or willfully sign, issue or publish a false 
statement of facts purporting or appearing to be based upon books, 
^.CGOunts or records, or of the affairs, resources and credit of the 
school district, shall upon conviction be punished by a fine not exceed- 
ing fifty dollars (50) or by imprisonment in the county jail not exceed- 
ing fifteen days. And any clerk or treasurer of a school district who 
shall willfully mutilate or destroy any of the books, accounts or records 
of his oflfice, or who shall refuse to deliver to his successor in office all 
the books, accounts, moneys and records of his oflfice upon demand of 
his successor for the same, shall be deemed guilty of a misdemeanor 
and it shall be the duty of said successor to begin action immediately 
upon the official bond of such officer for the recovery of such money or 
other property. 

Sec. 4. Must Qualify.] No oflficer of a school district shall per- 
form any duties of the office nor receive any of the property, money 
books or papers belonging to the oflfice, nor any money from the 
•county treasurer, or warrant thereof, until he has fully qualified as 
required by law. 

Sec. 5. Vacancy — How Filled.] If any person appointed or 
elected to a school district office shall for one month after the time 
fixed by law fail to qualify or g-ive bonds as provided by law, the 
oflfice shall be deemed vacant and the county superintendent shall 
when notified of such vacancy, proceed to fill the sam.e by appoint- 
ment. Whenever a treasurer of a school district, by election or 
appointment, becomes his own successor, he shall give new bonds, and 
all such officers shall qualify anew upon entering upon a new term. 
If from sickness or any other cause, such oflficer shall become in- 
capacitated or unable to attend to the duties of his oflfice, the fact 
shall be certified to the county superintendent by the clerk of the 
school district. If the clerk fails to notify the county superinten- 
dent of any vacancy that may exist, it shall be the duty of thfe re- 
maining oflficer or officers to do so, and a successor shall be appointed 
to fill such vacancy, and such appointment shall be held official until 
"the next election, when any vacancy shall be filled by an election. 

Sec. 6. Records Open to Inspection.] All reports, and all books, 
records, vouchers, contracts and papers of all kinds relating to the 
school houses, schools and school business in the district in the office 
of the clerk or treasurer, shall be at all times open to the inspection of 
the chairman, who shall advise and aid toward securing correct rec- 
ords and accounts and legal reports, and they shall likewise be open 
.to the inspection of state and county superintendents, and any partic- 



34 SCHOOL LAWS 

ular paper or record shall be exhibited at reasonable hours to the ex- 
amination of any voter or taxpayer. 

Sec. 7. Tax Levy to Satisfy Judg-ment.] Whenever any final 
judgment shall be obtained ag^ainst any school corporation, the 
board thereof shall levy a tax upon the taxable property in the corpo- 
ration for the payment thereof, and such tax shall be collected as 
other school taxes, but no execution shall issue against any school 
corporation; such tax or taxes shall not be greater than two (2) per 
cent in any one year, and any surplus fund in the treasury o^. the 
school corporation may be appropriated to the payment of a judgment. 
If the school board shall refuse or fail to levy such tax, the judgment 
creditor may apply to the board of county commissioners, who shall 
cause such tax to be levied upon the property of the school district. 
When collected, it shall be paid over by the county treasurer to the 
judgment creditor, whose receipt therefor shall be delivered the same 
as money to the treasurer of the school corporation by the county 
treasurer. Such levy may be repeated until the judgment is paid. 

Sec. 8. Jurisdiction in School Suits.] Justices of the peace shall 
have jurisdiction in all cases in which a school corporation is a party 
interested when the amount that is claimed does not exceed one hund- 
red d®llars ($100) and the partv shall have the right to appeal as in 
other cases. 

Sec. 9. Fines and Penalties.] All fines and penalties not other- 
wise provided for in this act shall be collected by action in any court 
of competent jurisdiction. 

Sec. 10. Assessor — Duty of.] Kvery township or county assessor 
shall, on or before the first day of July in each year, furnish to the 
clerk of each school corporation, the property of which he assessss, a 
certificate of the valuation of all real property and all personal prop- 
erty and of the total of these subject to taxation within the corpora- 
tion for the current year. 

Sec. 11. Majority Rule.] Words giving a joint authority to three 
or more public officers or other persons are construed as giving such 
authoritj' to a majority of them unless it be otherwise expressed in 
the section or law giving the authority, and when a decision or direc- 
tion is made by the majority of such officers or persons, it is the duty 
of the one to whom its execution belongs by laV, to execute the same 
in all respects as if he had favored the particular decision or direction, 
as if it were authorized unamimously. 

Sec. 12. Annual School Election.] The school district annual 
election shall be held upon the third Tuesday of June in each year. 

Sec. 13. Branches to Be Taught.] Instruction shall be given in 
the common schools of the state in the following branches in the sev- 
eral grades in which each may be required, viz: Reading, writing, 



SCHOOI. LAWS 35 

orthography, arithmetic, g-eography, English g-rammar, history of 
the United States, physiology and h3'giene, with special instruction 
as to the nature of alcoholic drinks and narcotics and their effect upon 
the human system, and civil government. 

Sec. 14. Form of Oath.] All school district officers and directors 
before entering- upon the duties of their respective otTices, shall take 
an oath to support the constitution of the United States and of the 
state of South Dakota, and faithfully and impartially to perform the 
duties of such office. 

Sec. 15. Penalty for Defacing School Property.] Any person 
who cuts, defaces or otherwise injures any school house, apparatus or 
outbuilding- thereof, is liable to suspension or expulsion; and on the 
complaint of the teacher to the director, or to the clerk of the school 
board, the parents or '^--uardians of such pupils shall be liable for all 
damag-es. 

Sec. 16. Reading Circles.] It shall be the duty of the county 
superintendent to encourage the formstion of teacher's reading circles 
in his county. 

Sec. 17. School Distiict Defined.] Any school district containing- 
two or more schools except those governed by the provisions of Chap- 
ter 10 relating- to cities, towns and other independent districts, are for 
the purpose of this act defined to be township districts. 

Chapter IX. — School Bonds. 

Section 1. Vote for Issue of Bonds.] Whenever the qualified 
electors of a school district shall at any reg"ular or special meeting- 
held for that purpose, vote to isstie school district bonds for the pur- 
pose of building and furnishing a school house and purchasing ground 
on which to locate the same, or to fund an outstanding- indebtedness, 
the district school board niay lawfully issue such bonds in accordance 
with the provisions of this act; Provided, however, that the question 
of issuing bonds shall not be submitted to a vote of the district and 
no meeting shall be called for that purpose until the. district school 
board shall have been petitioned in writing by one-third of the voters 
resident in said school district. 

Sec. 2. Bond Election.] Before the question of issuing bonds 
shall be submitted to a vote of the school district, notices 
shall be posted in at least three (3) public and conspicuous places in 
said district, stating the time and place of meeting, the amount of 
bonds proposed to be issued and the tims in which they shall be made 
payable; said notices shall be posted not less than twenty (20) days 
before the meeting, and the voting shall be done by means of written 
or printed ballots, and all ballots deposited in favor of issuing the 
bonds shall have thereon the words, "For issuing bonds," and those 
opposed thereto shall have thereon the words "Against issuing bonds;" 



36 SCHOOI, I.AWS 

and if a majority of all the votes cast shall be in favor of issuing- 
bonds, the school board, through its proper officers, shall forthwith 
proceed to issue bonds in accordance with the vote, but if a majority 
of all the votes cast are ag-ainst issuing- bonds, then no further action 
can be had, and the question shall not again be submitted to a vote 
for one year thereaftei, except for a different amount. 

Sec. 3. Denomination of Bonds.] The denomination of the bonds 
which may be issued under the provisions of this act shall be fifty 
dollars ($50) or some multiple of fifty, not exceeding- two hundred dol- 
lars ($200) and shall bear interest at the rate of not exceeding seven 
per cent per annum, payable semi-annually in accordance with interest 
coupons, which shall be attached to said bonds; and no greater amount 
than one thousand dollars ($1000) can be issued for any one school 
house except in towns and villages of more than three hundred inhab- 
itants, and in such districts the amount shall not exceed four per cent 
of its assessed valuation and may be made payable in not less than 
three nor more than fifteen years from date, in annual, bienniel or 
triennial succession. In addition to the amount that may be al- 
ready assessed under existing laws, there shall be levied upon the tax- 
able property of the school district so issuing bonds, and collected as 
-other taxes are collected, a sum sufficient, not exceeding three mills 
on the dollar of assessed valuation of said district to pay interest up- 
on said bonded indebtedness, and each year preceding the year in 
w^hich any annual, biennial or triennial payment of bonds become 
due, a further tax not exceeding six (6) mills upon the dollar shall be 
levied to meet said annual, biennial or triennial payments. This 
section shall apply only to bonded indebtedness incurred under the 
provisions of this act. 

Sec. 4. Requirements as to Form.] Whenever any bonds are 
issued under the provisions of this act, they shall be lithographed or 
printed on good bond paper and shall state upon their face the date of 
■their issue, the amount of the bond, to whom and for what purpose 
issued, also the time and place of making, and the rate of interest to 
be paid. They shall have printed upon the margin the words "Au- 
thorized by the act of the legislative assembly of the state of South 
Dakota, A. D. 1891," and upon the back of the bonds a certificate sign- 
ed by the county auditor in substantially the following form: "I cer- 
tify that the within bond is issued in accordance with la-w, and is 
within the debt limits permitted by the constitution of the state of 

South Dakota and in accordance with a vote of 

school district at a regular (or special) meeting on the 

day of A. D. 18 to issue bonds to the 

amount of Dollars." 

They shall be signed by the chairman and clerk of the school board 



SCHOOI. LAWS 37 

and shall be reg-istered and numbered in a book to be kept by the clerk 
for that purpose, in which shall be entered the number, date and name 
of the person to whom issued, and the dates when the same shall be- 
come due. 

Sec. 6. Sinkings Fund.] In addition to the amount that may al- 
ready be assessed under existing- laws, there shall be levied upon the 
taxable property of the school districts so issuing- bonds, and collected 
as other taxes are collected, a sum sufficient, not exceeding- three mills 
on the dollar of assessed valuation of said district to pay interest up- 
on such bonded indebtedness, and after five years in like manner a 
further tax not to exceed six (6) mills on the dollar for a sinking- fund, 
to be used in payment of such bonds when they become due, and for 
no other purpose except that whenever there may be sufficient funds 
on hand belonging to such sinking fund, the school board may in 
their discretion purchase any of its outstanding bonds at their market 
value and pay for the same out of the sinking- fund. This section 
shall apply only to the bonded indebtedness incurred under prior acts. 

Sec. 6. Sale of Bonds.] Whenever any bonds shall be issued 
under the provisions of this act, the school district treasurer shall 
have authority to negotiate and sell such bonds for not less than par, 
and the proceeds shall be used exclusively for the purpose of building 
and furnishing a school house, and in payment for a site for the same 
and for necessary buildings. 

Sec. 7. Bonds a I^ien.] Bonds issued under the provision of this 
act shall be a lien upon the taxable property of the school district 
issuing them, and when any school board neglects or 
refuses to levy a tax in accordance with law to meet any out- 
standing bonds or interest thereon, the county auditor shall have 
power to levy such tax, and when collected to apply the proceeds to 
the payment of such coupons and bonds. 

Sec. 8. Cancellation of Bonds.] Whenever the bonds of any 
school district shall have been reduced by the school board, the3' shall 
be cancelled by writing or printing in red ink the words "cancelled 
and paid" across each bond and coupon, and the date of payment and 
the amount paid shall be entered in the clerk's register against the 
proper number of bc^nd and the bonds so cancelled shall be filed in the 
office of the district treasurer, until all the outstanding bonds are paid, 
when they shall be destroyed in the presence of the full board. 

Sec. 9. Contract for Building School House.] Whenever any 
school house is built with funds provided in the manner herein author- 
ized, the school board shall advertise at least thirty (30) da3's in some 
newspaper printed in the county, or by posting notices for the same 
length of time in at least three of the most public and conspicuous 
places, if no newspaper is published in the county, for sealed propos- 
als for building and furnishing such school house in accordance with 



38 SCHOOI. IvAWS 

plans and specifications which shall be furnished by the school board, 
reserving the rig-ht to reject any and all bids and if any of the pro- 
po^als shall be reasonable and satisfactory said board shall award the 
contract to the lowest responsible bidder, and shall require of such 
contractor a bond in double the amount of the contract, conditioned 
that he will properly account for all monej' and property of the school 
district that may come into his hands, and that he will perform the 
conditions of his contract in a faithfiil manner and in accordance 
with its provisions, and in case all the proposals shall be rejected, said 
board shall advertise anew in the same inanner as beiore and until a 
reasonable bid shall be submitted; Provided, however, that no mem- 
ber of the district school board, clerk or treasurer, shall be interested 
diiectl}' or indirectly in any contract for building or furnishing any 
school house provided for in this act. 

Sec. 10. Application of This Act.] The provisions of this act 
shall be applicable to and authorize the issue of bonds by such school 
districts as have already built school houses and issued orders or war- 
rants therefor, and any school district may vote to bond the indebted- 
ness incurred bj- reason of building- and furnishing school houics, or 
to refund any bonded indebtedness. 

Chaptek X. — Cities, Towns and Othek Independent Districts. 

Section 1. L,aw Where in Force.] All citi< s now organized or 
hereafter to be organized under the general act to provide for the incor- 
poration of cities, shall be governed by the provisions of this act; Pro- 
vided; that any city, town or village now organized under special act, 
either for civil government or educational purposes, may at any time 
adopt the provisions of this act by a majority vote of the electors; Pro- 
vided ftirther, that any town or village having a population of one hun- 
dred inhabitants or over within a radius of one mile of the center may 
adopt the provisions of thi.s chapter. In such cases the count}' sup- 
erintendent shall, upon petition of a majority of 1he legal voter within 
the proposed district, call the first election therefor by posting notices 
in not less than three of the most public placeis in the district or dis- 
tricts in which the said town or village is situated, said notice shall 
contain a full description of the boundaries of the proposed district, 
and al,so the time and place of holding the election. If a majority 
of the voters in the district or districts in which the said town or 
village is situated shall vote for the incorporation of said town or 
village as a corporation for school purposes, then it shall be consid- 
ered as authorized, and the county superintendent shall, without 
delay, publish notices for an election of officers for said corporation. 

Sec. 2. Committee of Arbitration.] Whenever a new corpora- 
tion is authorized as provided in Section 1 of this chapter, the county 
superintendent, the president of the board of education of the district 



SCHOOIv I.AWS 39 

thus org-anized, and the chairman of the school districts affected by 
the org-anization of the new district, shall constitute a committee of 
arbitration for the purpose of adjusting all property interested be- 
between the new corporation and the district or districts affected by 
its formation. The title to all real property granted to the new cor- 
poration by the committee of arbitration shall be made over to the 
said corporation or corporations in which it was previously vested 
vipon order of the said committee. And all personal property 
g-ranted to the said new corporation by the committee shall be deliv- 
ered to the proper officer by those having- it in charge upon demand ac- 
companied by the order of the committee. It shall be the duty of the 
county superintendent to file with the county auditor a correct plat 
showing the adjustment of district boundaries in consequence of the 
formation and organization of a district as above provided. 

Sec. 3. A Free System of Schools.] Each corporation organized 
under this chapter, shall establish and maintain a system of free com- 
mon schools, which shall be kept open not less than six nor more than 
tenmonths in any one year and shall be free to all children of legal 
school age residing within such corporation. 

Sec. 4. Adjacent Territory — How Attached.] Territory outside 
of the limits of any organized city, town or village, but adjacent 
therto, may be attached to such city, town or village for school pur- 
poses under the following condititions: 

First. Application for such change must be made by a majority of 
the electors of such adjacent territory by written petition. 

Secand. Upon receipt of such petition, the county superintendent 
shall call a committee to decide upon granting or refusing the petition, 
said committee consisting of himself, the president of the board of 
education, and the chairman of the district school board of the dis- 
trict in which the petitioners reside. 

Third. The committee shall consider the interests of the two cor- 
porations concerned, the convenience of the petioners, and the perma- 
nent school interest, and if they deem it proper, shall grant the petition 
and issue an order authorizing the attaching of said territory to the 
city, town or village to which it is adjacent, and specify in such order 
to what ward or wards such territory shall belong for all purposes; 
Provided, that when territory has been attached prior hereto the 
board of education shall at any regular meeting determine to what 
ward or wards such territory shall belong for all school purposes. 

Fourth. The committee shall also have power to adjust all prop- 
erty interests involved in the change which concern the two corpora- 
tions interested. Before the issuance of an order authorizing- the 
change they shall make an equitable adjustment of any question of 
indebtedness involved. 



40 SCHOOL JvAWS 

Fifth. A record of the decisions of the committee shall be trans- 
mitted to the clerk of the school board and the board of education in- 
terested and a copy forwarded to the office of the county auditor by the 
superintendent upon ratification of the action of the committee by the 
district school board and the board of education. 

Sixth. Such territory shall, from the date of the order authorizing- 
its attachment, be considered a part of the corporation of said city, 
town or villag-e; Provided, that such order shall not be issued until 
after the actions and decisions of the committee are ratified by 
the board of education and the district school board. The tax- 
able property of such adjacent territory shall be subject to taxation 
and bear its proportion of all expenses incurred in the erection of 
school building-s and in maintaining- the schools of such corporation; 
Provided, that territory more than two miles from the limit of such 
city, town or independent district, shall not be considered adjacent 
territory to which the provisions of this section may apply, unless the 
electors of such territory shall unanimously petition to be thus at- 
tached and considered as adjacent territory; Provided further, that 
where an independent school district of any incorporated city or town 
is situated so near the center of a civil township as to leave a fraction 
of said civil township impracticable or inconvenient for school pur- 
poses after attaching^ adjacent territory to said independent school 
district to the two-mile limit as provided by law, then in that case the 
committe provided for in this may upon the petition of a majority of 
the electors of such civil township attach the surrounding- territory 
and make the independent district to conform to the civil township 
line, for school purposes only. 

Sec. 5. Shall Be a Corporation.] Every district organized under 
the provisions of this chapter shall be a body corporate, and shall 
possess the usual powers of corporations for public school purposes, 
and may sue and be sued, and be capable of contracting and being 
contracted with, and of taking and holding any land for a school site, 
not exceeding two acres, chosen by the board of education at a regu- 
lar meeting of said board, and in case the owner or owners of said 
land, or any part thereof, shall refuse or neglect to grant Fuch site to 
the district, then said district shall have power to take such land for 
said site in the manner provided by law for taking of private property 
for public use. And shall have power to hold and convey such per- 
sonal or real property as it may at any time possess. All actions 
brought by or against such corporation shall be in the name of the 
board of education of the city, town or village (as the case may be) of 
the county of the state of South Dakota. 

Sec. 6. Conveyances of Property.] All conveyances of property 
in cities and incorporated towns mentioned in the preceding section, 



SCHOOL LAWS 41 

shall be sig'ned by the mayor of said civil corporation and attested by 
the clerk, and shall have the seal of the corporation affixed thereto, 
and be acknowledged by the mayor in the same manner as other con- 
veyances of real estate. 

Sec. 7. A Board of Education.] When any city or town is 
divided into wards, at each annual city election there shall be elected 
a board of education consisting- of two members from each ward who 
shall be elected by the qualified voters thereof; one ol whom shall be 
elected annually and shall hold his office for the term of two years 
and until his successor is elected and qualified; Provided, that at the 
first election under this act, two members shall be elected from each 
ward, one of whom shall hold office until the next annual election, and 
the other until the second annual election; Provided, that in all cor- 
porations not organized as cities and in all cities and towns not 
divided into wards, there shall be elected as many members of the 
board of education as there are members of the township board or 
board of trustees to be elected at the same time and places and for 
like terms; there shall also be elected at the first election held under 
the provisions of this act in such cities and towns, one member of 
such board of education who shall be voted for by the qualified elec- 
tors at large in such city or town and shall hold his office for two 
years or until his successor is elected and qualified. In all cases 
where there there is no organization for civil government, there shall 
be three members of the board, one of whom shall be elected annually; 
Provided further, that no member of the city council shall be a mem- 
ber of the board of education. 

Sec. 8. Power to Fill Vacancy.] The board of education shall 
have power to fill any vacancy which may occur in their body; Pro- 
vided, that any vacancy occurring not more than thirty days previous 
to the annual election shall be filled at the first annual election 
thereafter. 

Sec. 9. Shall Maintain and Control Schools.] The board of edu- 
cation shall have power to organize and maintain a system of graded 
schools, to establish a high school whenever, in their opinion, the in- 
terests of the school corporation demand the same, and to exercise 
sole control over the schools and school property of the corporation. 

Sec. 10. Organization — How Made.] The board of education at 
its regular meeting in April of each year shall organize by the election 
of a president and vice president, each of whom shall serve for a term 
of one year, and they shall also elect a clerk not a member of the 
board who shall receive such compensation for his services as the 
board may allow; Provided, that in districts newly organized under 
this act the board shall within thirty days after their election, pro- 
ceed to organize and elect officers as aforesaid who shall serve until 
the time of the regular meeting in April following. 



42 SCHOOL LAWS 

Sec. 11. Duties of President and Clerk.] It shall be the duty of 
the president to appoint all committees and to countersig-n all war- 
rants drawn' upon the treasury for school moneys. It shall be the 
duty of the clerk to be present at all meetingfs of the board, keep an 
accurate journal of its proceedings, take charg^e of its books and docu- 
ments, sig-Q all warrants for school money and perform such other 
duties as the board may require. Before entering- upon the dis- 
charg-e of his duties the clerk of the board of education shall give a 
bond in a sum to be fixed by the board, not less than five hundred 
dollars, with good and sufficient sureties to be approved by the board. 

Sec. 12. Tax Levy.] The board of education shall, on or before 
the fifteenth day of August of each year, levy a tax for the support of 
the schools of the corporation for the fiscal year next ensuing, not ex- 
ceeding in any one year thirty mills on the doHar on all personal and 
real property within the district which is taxable according to the 
laws of the state, and which levy the clerk of the board of education 
shall certify to the county clerk, who is hereby authorized and re- 
quired to place the same on the tax roll of said county to be collected 
by the treasurer of the county as other taxes of the county and paid 
over by him to the treasurer of the board of education, of whom he 
shall take a receipt in duplicate, one of which he shall file in his office 
and the other he shall transmit to the clerk of the board of education. 

Sec. 13. Treasurer — How Chosen — Bond of — Duties.] At the 
annual municipal election there shall be elected members of the board 
of education provided for herein and a treasurer of the board of edu- 
cation* The treasurer shall be elected each year, to hold for one 
year, or until his successor is elected and qualified. Any vacancy 
in the office of treasurer shall be filled by the board of education by 
appointment; such appointee shall not be a member of said board. 
The treasurer shall execute a bond in such sum as that body may re- 
quire with sufficient sureties to be approved by the board, conditioned 
for the faithful discharge of his duties as treasurer of such board. 
He shall prepare and submit in writing a monthly report of the state 
of the finances of the corporation, and shall when required produce at 
any meeting of the board all books and papers pertaining to his office. 
He shall pay money only upon a warrant signed by the president, or 
in his absence the vice president, and countersigned by the clerk. 

Sec. 14. Taxable Property.] The taxable property of the whole 
corporation, including th ■; territory attached f.r school purposes, 
shall be subject to taxation. 

Sec. IS. Regular Meetings.] The regular meetings of the board 
of education shall be upon tlie last Friday of each month, but special 
meetings may be held froui time to time as circumstances may de- 
mand. 



SCHOOI, I.AWS 43 

Sec. 16. Report of Clerk.] The clerk of the board of education 
at the close of each school year shall make an annual report of the 
prog"ress, prosperity and condition, financial as ^ell as educational, 
of all the schools of the corporation, a copy of which shall be sent to 
the county superintendent. Said report or such portion of it as the 
board of education shall consider advantageous to the public shall be 
printed in a in a public newspaper or in phamphlet form. 

Sec. 17. Contracts.] No expenditures involving- an amount 
greater than one hundred dollars shall be made except in accordance 
■with the provisions of a written contract, and no contract involving 
an expenditure of more than five hundred dollars for the purpose of 
■erecting any public building or making any improvement shall be 
made except upon sealed proposals and to the lowest responsible 
bidder. 

Sec. 18. May Read Bible.] No sectarian doctrine shall be taught 
or inculcated in any of the schools of the corporation; but the Bible 
without sectarian comment may be read therein. 

Sec. 19 Bonds — How Issued.] Whenever it shall become neces- 
sary in order to raise sufficient funds for the purchase of a school site 
or sites, to erect suitable building or buildings thereon, or to fund a 
bonded indebtedness, it shall be lawful for the board of education of 
every corporation coming under the provisions of this act to borrow 
money, for which they are hereby authorized and empowered to issue 
bonds bearing a rate of interest not exceeding seven per cent per an- 
nnm, payable annually or semi-<innually, at such place as may be 
mentioned upon the face of said bond, which bonds shall be payable 
in not more than twenty years from date; and the board of education 
is hereby authorized and empowered to sell such bonds at not less than 
par; Provided, that no bonds shall be issued until the question shall be 
submitted to the people and a majority of the qualified electors who 
shall vote on the question at an election called for that purpose shall 
have declared by their votes in favor of issuing such bonds. 

Sec. 20. Bond Election.] It shall be the duty of the mayor of 
such city or town upon request of the board of education, to call an 
election to be conducted in all respects as are the elections for city or 
town officers, in the same corporations (except that the returns shall 
be made to the board of education,) for the purpose of taking the 
sense of such corporation upon the question of issuing such bonds, 
naming in the proclamation of such election the amount of bonds 
asked for and the purpose for which they are to be issued; Provided, 
that where the incorporation is not organized for civil government, 
the board of education may call and conduct the election provided for 
in this section. 

Sec. 21. Shall Sign Bonds.] The bonds, the issuing of which is 
provided for in the foregoing section, shall be signed by the president, 



44 SCHOOI. I.AWS 

attested by the clerk, and countersig-ned by the treasurer of the board 
of education, and said bonds shall specify the rate of interest and the 
time when the principal and interest shall be paid, and each bond so 
issued shall be for a sum not less than fifty ($50) dollars, but no cor- 
poration shall issue bonds in pursuance of this act in any sum g-reater 
than three per cent of its assessed valuation. 

Sec. 22. Bond Interest.] The board of education at the time of 
its annual levy of taxes for the support of schools as herein provided, 
shall also levy a sufficient amount to pay the interest as the same ac- 
crues on all bonds issued under the provisions of this chapter, and al- 
so to create a sinking" fund for the redemption of said bonds which it 
shall levy and collect in addition to the rate per cent authorized by 
the provisions aforesaid for school purposes, and said amount of funds 
when paid into the treasury shall be and remain a specific fund for 
said purpose only and shall not be appropriated in any other way ex- 
cept as hereinafter provided. 

Sec. 23. Sinking" Fund.] All money raised for the purpose of 
creating a sinking fund for the final redemption of all bonds issued 
under the provisions of this chapter shall be invested annually by the 
board of education in bonds of the state of South Dakota or of the 
United States, or the board may buy and cancel the bonds of the dis- 
district whenever such may be purchased at or below par. 

Sec. 24. Payment of Interest.] Whenever the interest coupons 
of the bonds hereinbefore authorized shall become due they shall be 
proniptly paid by the treasurer, upon presentation, out of money in 
his hands collected for that purpose, and he shall endorse upon the 
face of such coupons in red ink the word "paid" and the date of pay- 
ment, and sign the initials of his name. 

Sec. 25. Payment Pledged.] The school fund and property of 
such civil corporation and territory attached for school purposes is 
hereby pledged to the payment of the principal and interest of the 
bonds mentioned in this chapter as the same may become due. 

Sec. 26. Bond and Warrant Register.] It shall be the duty of 
the clerk of the board of education to register in a book provided for 
that purpose the bonds issued under the provisions of this chapter, 
and all warrants issued by the board, which registration shall show 
the number, date and amount of said bonds and warrants and to whom 
made payable. 

Sec. 27. Official Oath and Bond.] Each member of the board of 
education and officer provided for in this chapter shall take and sub- 
scribe an oath or afiBrmation to support the constitution of the United 
States, the state of South Dakota, and faithfully to perform the duties 
of his office. The oath and bond of the clerk shall be filed with the 
treasurer. All other oaths and bonds shall be filed with the clerk, 



SCHOOI, I.AWS 45 

but the clerk shall immediately notify the county auditor and county 
superintendent of the filing of such oath and bond. 

Sec. 28. Examination of Teachers.] The county superintendent 
tog-ether with the principal or superintendent of schools of all inde- 
pendent districts employing- such officer and in such independent dis- 
tricts as do not employ such an officer, the county superintendent 
alone shall examine all teachers employed to teach in the schools of 
any city, town or other independent district, the same as other teach- 
ers of the county are examined except as hereinafter provided. In no 
case shall an}' teacher be employed to teach in such schools who does 
not hold a certificate issued as above provided, or a state certificate or 
a state diploma, and any contract made contrary to the above is 
hereby declared void. The above section shall be construed as giv- 
ing- the superintendent of schools of any city or town advisory power 
in the examination of teaahers for his school, and he may add such 
questions as he may deem wise to use in the examination in order to 
test the qualifications of teachers for any particular grade or special 
work. The board of education in cities of the first class at such 
time as they shall deem expedient, shall elect a superintendent of 
school, in no case a member of their own body, whose duty it shall be 
to have a general supervision of the schools of the corporation, sub- 
ject to the rules and regulations of the board, who shall hold his office 
during the pleasure of the board and shall receive such compensation 
as the board may allow. The board shall also appoint two compe- 
tent persons, who with the superintendent as chairman shall be styled 
the examining committee of the board of education, whose duty it 
shall be to examine all persons who may apply to them as teachers; 
and no person except one who holds a state certificate or state diploma 
shall be elected by the board as teacher who cannot produce a certifi- 
cate from the examining committee signed by all or a majority of 
them, and setting forth that the holder is competent to teach in such 
departments of the public schools as may be stated in the certificate 
and is a person of good moral character; Provided, no teacher who 
holds a certificate issued under this section is excused from the county 
institue; Provided further, that the city superintendent shall have 
power to revoke the certificates, issued by the examining committee of 
which he is chairman, of those persons who do not attend the county 
institute. 

Sec. 29. Ballot Boxes to Be Provided.] For the purpose of the 
election provided for in this act, there shall be provided at each poll- 
ing place a ballot box separate and distinct from the ballot box used 
for the city election, in -which shall be deposited all ballots cast by the 
voters at such school election. The polling places shall be so ar- 
ranged as to permit all persons entitled to vote at sHch school election 
free aecesB to the same for the purpose of voting. 



46 SCHOOL LAWS 

Sec. 30. Error in Tax I^ist.] Whenever an error occurs in any 
school corporation or district tax list, the board of county commis- 
sioners may correct and refund such improper collection of school 
taxes the same as for other county taxes. 

Sec. 31. Repeal.] All act and parts of acts relating to education, 
passed prior to January 1, 1897, (except special acts relating- to schools 
in cities, towns and villages, and also to independent districts created 
by special acts) are hereby repealed. 

Approved March 10, 1897. 

ANNUAL SCHOOL DISTRICT CONTRACTS. 
An Act to Make Contracts Made by School District or Civil Town- 
ship Officers Except at Regular or Special Meetings, Void. 
Be it Enacted, etc.: 

Section 1. All contracts hereafter made by any civil township 
officer or supervisor in his capacity as such officer, except contracts 
made at a regular or special meeting of the civil township board, shall 
be deemed to be unlawful and not binding upon such civil township. 

Sec. 2. Al] acts and parts of acts in conflict with this act are 
hereby repealed. 

Approved February 13, 1897. 

DEFINING POWERS AND DUTIES OF REGENTS. 
An Act to Provide for the Appointment of a Board of Regents, to fix 
the Number of Regents, and Their Term of Office, and to Define 
Their Duties and Powers in the Control of the Educational Insti- 
tutions Sustained Either Wholly or in Part by the State of South 
Dakota. 
Be it Enacted, etc.: 

Section 1. Appointment by the Governor and Senate.] As soon 
as practicable after the passage of this act and before the first day of 
March, one thousand eight hundred and ninety-seven (1897), the gov- 
ernor, by and with the consent of the senate, shall appoint five per- 
sons of probity and wisdom from among the best and the best known 
citizens, residents of different portions of tlae state, none of whom 
shall reside in the counties in which any of the state educational in- 
stitutions are located, who. shall constitute a board to be designated 
the regents of education; Provided, that in all appointments to the 
regency of education the persons selected shall be of the different 
political parties existing at the time such appointments are made. 

Sec. 2. Terms of Office. One of the persons so appointed shall 
hold office until January first, eighteen hundred and ninety-nine 
(1899), and two (2) until January first, nineteen hundred and one (1901), 
and two (2) until January first, nineteen hundred and three (1903), as 



SCHOOIy LAWS 47 

the g'overnor shall indicate in his nomination, and all full appoint- 
ments at and after the expiration of any of these terms shall be for 
six years, it being- the intention of this act that all expirations of 
these terms shall occur on the first day of January of each odd or leg- 
islative year, or as soon thereafter as their successors are chosen and 
qualified; Provided, that all full appointments thereafter must be 
made before the first day of February of the regular biennial legisla- 
tive year. 

Sec. 3. Vacancies How Filled.] In case a regent of education 
shall die, resign, remove from the state or for any other reason va- 
cate his office, or become permanently disqualified from performing 
its duties, the governor of the state shall fill the vacancy by suitable 
and prompt appointment, and such appointee shall be clothed with 
full authority as a regent, but his term of service shall cease and ex- 
pire with the next legislative session unless sooner confirmed by the 
senate. But the governor shall not have povyer to fill any vacancies 
caused by the refusal of the senate to confirm, nor vacancies caused 
by his own neglect to nominate to the senate in time for confirmation. 

Sec. 4. Qualification and Organization.] Immediately upon the 
appointment and confirmation of the first five (5) persons above named 
in Section one (1) of this act the governor shall summon them to as- 
semble forthwith at the capital of tbe state, whereupon each shall 
take an oath before a proper officer to support the constitution of the 
United States and of this state and to perform his duties as a regent 
of education to the best of his ability. 

As soon as they are thus properly qualified they shall organize by 
electing one of their number president and by the election of a secre- 
tary. Thus qualified and organized they shall have authority to 
make such rules as are necessary for their own government as a board 
and they shall immediately assume the exclusive control and manage- 
ment of all the educational institutions which are maintained either 
wholly or in part by the state, and at once, thereupon the terms of 
office and all authority of all boards or persons of whatsoever name, 
heretofore charged with this duty, shall cease and expire. 

All persons subsequently appointed as regents shall each subscribe 
to a like oath of office before taking their seats and all oath of office 
of the regents of education shall be duly filed with the secretary of 
state. 

Sec. 5. Appointment of Committees.] To facilitate their work, 
the regents of education shall have power to appoint of their own 
members such committees as seem desirable, but they shall appoint a 
standing committee of regents for each institution under their control, 
whose chairman may be charged by them, and under their -rules, with 
certain executive duties in connection with the institution for which 
he was appointed, and which rnay need attention during the interim 



48 SCHOOI. I,AWS 

of board meetings. They are also empowered to employ a compe- 
tent stenographer and bookkeeper. 

Sec. 6. Meetings, Quorom, etc.] The regents of education shall 
hold two (2) regular meetings each year, one to be known as the annu- 
al meeting, and one as the semi-annual meeting, at such stated times 
as shall best subserve the interests of the institutions under their con- 
trol. Extra meetings may also be held in case of weighty emer- 
gency on the call of the president or by joint request of a majority of 
the members, due and reasonable notice always being given. Three 
regents shall constitute a qurom for doing business, but two may ad- 
journ from day to day. 

Sec. 7. Absenses.] The failure of any regent to attend two suc- 
cessive regular meetings as herein provided, may be construed by the 
governor as a resignation and he may proceed to fill the vacancy un- 
less such absences were on account of temporary disabling, sickness 
or other equally valid reason accepted by the regents at their next 
meeting. 

Sec. 8. General Powers and Duties.] The regents of education, 
qualified and organized as prescribed in Section four (4) of this act, 
shall become, and they and their successors in office shall continue to 
be a legal corporation, or body corporate, with power to sue and be 
sued, to hold and manage fully, for the purposes for which these edu- 
cational institutions were established, any property belonging to said 
institution, collectively or severally, or of which they shall in any 
manner become possessed; and all previous boards and persons having 
had custody of said property, or control of said institutions, shall, at 
once, turn over the same together with all papers, records, contracts 
or other archives belonging to said institutions to the said regents of 
education. 

Sec. 9. Authority to Make Contracts and to Expend Moaeys.] 
The regents of education as a corporation shall have power to make 
contracts for service, for the erection of buildings and for the purchase 
of all lands, materials and supplies needed; and in the carrying out of 
such contracts they shall have power to expend moneys, to exact and 
collect penalties and to purchase or sell property within the limitations 
of state and national law; Provided, that all contracts for the erection 
or repairs of buildings, or for the purchase of fuel or other ordinary 
supplies exceeding in value two hundred dollars^ shall be by means of 
publicly advertised competing bids and by public letting; And, pro- 
vided further, that no regent shall be directly or indirectly pecuniarily 
interested in any such contract. 

And said regents of education as a board may bring suit in proper 
court haring jurisdiction in the name of the regents of education, to 
enforce any contract made by them as such board and may also bring 



SCHOOL I^AWS 49 

•uit in all matters relating- to such property, or to the care, custody, 
control, manag-enient or improvement thereof. And it is hereby 
made the duty of the attorney g-eneral to prosecute any such suit upon 
the request of said beard. Any moneys collected upon any judgment 
obtained under the provisions of this act shall be paid into the state 
treasury for the benefit of the educational institutions and credited to 
the proper fund or funds. 

Any regent is authorized to administer oaths and examine wit- 
nesses whenever necessary in the performance of the duties of the 
board. 

This act is intended to confer, and does confer, upon the regents 
of education all powers usually exercised by such boards, and which 
are necessary to the proper legal management of the educational in- 
stitutions placed under their control, and the property belonging to 
the same. 

Sec. 10. Employment of Agents.] The regents of education in 
the capacity as a board and for the purpose of exercising proper con- 
trol over those institutions of learning which are placed in their care 
shall have full power to employ or dismiss all members of the facul- 
ties of instruction of said institutions, all assistants, foremen, secre- 
taries, laborers or other agents necessary to the proper management 
of the institutions, to determine their number, their qualifications, de- 
fine their duties, fix the period or terms of their employment, and the 
rate and manner of their compensation; Provided, that no person 
shall be employed or dismissed by reason of any sectarian or political 
opinions held. 

Sec. 11. Departments, Courses of Study and Rules of Govern- 
ment.] The regents of education shall have full power, to authorize 
for the institution under their control such departments and courses 
of study as they may think best, to determine what text books shall be 
used, what requirements for the admission and graduation of students, 
shall be maintained, what rules shall be enacted and enforced for the 
government of students, and said regents shall have power to make 
all other rules and regulations for the wise and successful current 
management of the schools under their control; And, further, they 
are hereby empowered to delegate provisionally any of the authority 
given in this section to the presidents, deans, principals or faculties 
of instruction of said schools, as in the judgment of said regents may 
be proper or as may be in accordance with usual custom in such cases. , 

Sec. 12. Tuition Fees, etc.] The regents of education shall fix 
all rates of tuition and of other fees to be paid by students, but such 
rates must be the same in all the different institutions. They may 
receive free of tuition two students appointed by each state senator, 
and one by each representative of the state legislature in any one of 



50 SCHOOI, LAWS 

the institutions under their control; Provided, that the period for 
which such appointment was made shall expire with the term of office 
of the said senator or representative, and, provided, that such ap- 
pointees shall be residents of the district or county whose senator or 
representative makes the appointment; and provided, further, that 
such appointees shall comply with all the rules and requirements of 
the institution which they desire to enter. No student, however, 
shall receive any other gratuity whatever. 

Sec. 13. Needless Duplication of Departments Forbidden.] The 
regents of education are hereby expressly forbidden to continue or to 
create chairs, departments, laboratories, libraries or other equipment 
in multiplication except where the obvious needs of the special work 
of the schools make such multiplication necessary. In all things 
the regents are to administer to the schools in such a manner as . to 
enable each one of them to do in the best manner its own specific 
work, but all with a view to the strictest economy, and so as to unify 
and harmonize the entire work of all the schools under their control. 

Sec. 14. Conferring- Degrees, etc] The regents of education are 
authorized to confer all scholastic honors and degrees usually granted 
by such boards; but all degrees, diplomas and certificates of gradua- 
tion shall be issued and conferred in their name and by their express 
authority. In conferring degrees the regents shall conform as 
nearly as may be to the best and most reputable current practice in 
such matters. Students shall be graduated from any one of these 
institutions by the regents of education upon recommendation of the 
appropriate faculty of that institution. A certificate of graduation 
from a full course in any one of the normal schools or from the state 
university shall be a license valid for five years to teach in any of the 
public schools of this state; Provided the graduate of the university 
has taken a course in pedagogy as given in that institution. 

Sec. 15. The Agricultural Experiment Station.] The United 
States agricultural experiment station for South Dakota, being- by 
national law a department of, and under the direction of, the agricul- 
tural college, shall be under the exclusive control of the regents of 
education, just as other departments and institutions are under their 
control. 

Sec. 16. Farmers' Institutes, etc.] The regents of education are 
authorized to encourage and provide for farmers' institutes to be con- 
ducted by membfers of the agricultural college faculty,- or by any one 
else designated by said regents; and the said regents are likewise 
authorized to encourage and as far as possible provide for any other 
form of university extension work which is feasible and of value to 
the people. 



SqHOOI, I.AWS 51 

Sec. 17. Election of Officers and Their Terms.] All officers of 
the board shall be elected for one year, and the election, except in 
case of vacancies, shall be held at the annual meeting-. 

Sec. 18. Compensation of Reg-ents and Their Ofificers.] The 
regents of education shall receive ho compensation for their services, 
but each shall be paid five dollars per day for every day's service to 
cover his actual expenses, and this per diem shall be paid, upon their 
itemized and properly certified vouchers, from the state treasury upon 
the warrant of the auditor of state; Provided, that any reg-ent serving- 
from the Black Hills reg-ion shall receive twenty-five dollars for at- 
tendance upon any meeting east of the Missouri river, but not exceed- 
ing fifty dollars for any fiscal year; and provided that the entire sum 
paid for any one year to said regents of education shall not exceed 
one thousand dollars; 

Sec. 19. Appropriations Provided for Regents of Education.] In 
the general appropriation for state purposes the sum of twenty-six 
hundred dollars, or so much thereof as may be needed, shall be pro- 
vided each year for the per diem of the regents of education, for the 
salary of their clerk and stenographer, and for such blanks, books, 
stationery and postage as may be needed. 

Sec. 20. Treasurer, Custody and Collection of, Funds.] The state 
treasurer shall be the. treasurer of the regents of education, and he 
shall perform all the duties of such office, subject to such regulations 
as thev may adopt, not inconsistent with his other official duties, and 
he and his sureties shall be liat^le on his official bond for the faithful 
discharge of such duties. . , Said treasurer shall have authority to re- 
ceive and receipt for all moneys arising from any source for the use 
of any of the educational institutions under the control of the said 
regents, and lie shall keep such separate accounts of the several funds 
as they shall prescribe. AH moneys received from rents of dormi- 
tories, tuition or other fees authorized by the regents of education, or 
from articles, products or materials sold by their authority, shall be 
collected by some person designated by said regents for each institu- 
tion to make such collections, under proper bonds, and said persons 
shall transmit to the state treasurer at the close of each calendar 
month all moneys thus received by him during that month;, and no 
other person shall be permitted to collect or hold any money belong- 
ing to said institutions. Moneys received from the national govern- 
ment, under any of the various grants, shall be payable to /che . state 
treasurer, as treasurer or the regents of education, and shall be re- 
ceipted for by him. All rhoneys received asinterest on thejnational 
land grant funds or from leases oi the land granted to these institu- 
tions under the control of the reufsnts of education, shall be paid to 
the state treasurer and shall be credited by him to the proper educa- 



52 SCHOOI, LAWS 

tional institutions. At once on receiving moneys from any source 
the state treasurer shall notify the secretary of the regents of educa- 
tion of the amount, the source from which received, and the fund to 
which credited. 

Sec. 21. Appropriation of Funds Belonging- to the Institutions 
Under Control of the Regents of Education.] There is annually and 
perpetually appropriated to the regents of education for the exclusive 
and legal use of the educational institutions under their control all 
moneys received from their endowment land grant as interest or rent, 
all local collections from fees of any kind, or from rents or sales 
authorized, all United States money grants of any kind, all moneys 
derived from any source to be used by the regents of education for the 
proper and legal maintenance of the institutions under their control. 

Sec. 22. Methods of Expenditure.] No expenditures shall be 
made except by express authority of the regents of education first ob- 
tained, and no indebtedness shall ever be permitted or incurred except 
against funds already available for such purpose, and no expenditure 
from any fund shall, under any circumstances, be made except for the 
legal purpose for which said fund exists and for the institution to 
which it belongs. The method in detail of making expenditures, 
purchases, etc., except so far as they are specified by Section 10 of 
this act, shall be left to the discretion of the regents of education. 

Sec. 23. The Duty of the Auditor of State.] Whenever a proper- 
ly audited and authenticated voucher of the regents of education is 
presented to the auditor of state, it shall be his duty to transmit 
promptly to the ofiice of secretary of the regents of education his 
warrant for a corresponding sum on the state treasurer, unless said 
voucher shall overdraw the fund from which it is made payable. 

Sec. 24. Reports, etc.] The regents of education shall on or be- 
fore the fifteenth day of December previous to each biennial session 
of the legislature prepare and present to the governor of the state for 
his use and for the use of the legislature a full detailed report of all 
their doings for the preceding two years, with a statement of the work 
and the condition financially and educationally of all the institutions 
under their control, with such recommendations as they may desire to 
make, and with detailed estimates for legislative aid, if in their 
judgment any is needed. They shall also by themselves or their 
authorized representative, attend upon the sessions of the legislature 
whenever required so to do by a committee of either house. They 
shall also prepare, or cause to be prepared and transmitted at proper 
times, all reports required of them by the United States laws. 

Sec. 25. Repeal of Previous Acts.] Chapter six of the session 
laws of eighteen hundred and ninety, approved February twenty- 
sixth, entitled an act for the appointment of a board of regents, being 



SCHOOI, LAWS S3 

in contravention of this act, is hereby repealed; also the act approved 
March seventh, eighteen hundred and ninety-one, relating to farmers' 
institutions, is hereby repealed; also the act approved March seventh, 
eighteen hundred and ninety-one, concerning acceptance of grants 
of money from the United States, and which makes the treasurer 
of the board having control of the agricultural college the custodian 
of such United States grants, is hereby repealed. All previous 
legislative acts, which are wholly or partially in contravention 
to this act, are hereby repealed. 

Emergency Declared.] Whereas, there is no law in force provid- 
ing for a board of regents, utider the constitution as amended, there- 
fore an emergency exists, and this act shall be in force from and after 
its passage and approval. 

Approved March 5, 1897. 

UNIFORM TEXT BOOKS. 
An Act to Establish Uniformity of School Text Books and to Regu- 
late the Supply Thereof. 
Be it Enacted, etc.: 

Section 1. The county superintendents of schools, the president 
of the board of education of all cities or towns, the county auditor, the 
county state's attorney, the board of county cornmissioners, their suc- 
cessors in office and one person from each commissioner's district who 
shall be selected by the members' of the school boards of such commis- 
sioner's district present at a meeting to be called by the county super- 
intendent, shall constitute the county board of education of each 
county in this state for purpose of selecting and adopting all the text- 
books needed for use in the public schools of the county. The coun- 
ty superintendent of schools shall in all cases, be chairman of the 
county board of education, and the county auditor, secretary and a 
majority of said board shall constitute a quorum for the transaction 
of business. 

Sec. 2. The county board of education shall meet at the office of 
the county superintendent of schools of each county in the state on 
the second Tuesday of June, 1897, and every five years thereafter and 
select and adopt a complete series of school text books to be used in 
all the schools of the count3-; Provided, that nothing in this act shall 
be construed to prevent any county board of education frora selecting 
a series of text books from two or more publishers; Provided further, 
that the boards of education in cities and towns may adopt additional 
books by the same or other authors for higher classes in their schools. 
The county board of education shall, immediately upon the taking 
effect of this act, advertise for twenty days in a newspaper published 
in each county, that at a time and place named in said notice, said 



54 SCHOOI, I,AWS 

board will receive sealed bids for furnishing school books to the pu- 
pils of all public schools in the county as provided in this act, for a 
term of five years, provided that no book shall be accepted on contract 
by the board of education in excess of the following prices, to-wit: 
Graded speller, 15 cents; first reader, 10 cents; second reader, 20 cents; 
third reader, 30 cents; fourth reader, 40 cents; highest reader, 90 cents; 
elementary geography, 50 cents; advanced geography, 75 cents; prim- 
ary arithmetic, 25 cents; intermediate arithmetic, 35 cents; complete 
arithmetic, 50 cents; physiology and hygiene, 50 cents; history of the 
United States, 80 cents. Other necessary books shall be purchased 
and contracted for at proportionate prices with this list. 

Sec. 3. Before selecting and adopting school text books in accord- 
ance with the provisions of this act, it shall be the duty of the said 
county board of education to take into consideration the books used in 
the county, and all books submitted by publishers and most carefully 
consider the price, the type, the material, the binding and other itema 
that go to make up a desirable textbook, and no textbook shall be 
adopted whose price is above the contract or wholesale price at which 
said books were furnished to any other state, county or school corpo- 
ration in the United States during the year previous to such 
adoption. The county superintendents shall annually at the close 
of the year make a report to the county board of education as to the 
operation of the school book contract. 

Sec. 4. The county superintendent shall notify each member of 
the county board of education in writing of the time and place of 
meeting, at least ten days before the date of said meeting, and he shall 
prepare and furnish such information as shall assist the board in act- 
ing for the best interest of the people. 

Sec. 5. The board of county commissioners shall contract with 
the publishers of such books as have been adopted by the county 
board of education, designating the price at which such books shall 
be furnished to them or their authorized agents, and they shall desig- 
nate a depositary for each school corporation in the county where 
books shall be sold to the pupils at not more than ten per cent above 
cost, and they may pay for the books and transportation of the same, 
so contracted for, out of the general fund; on warrants signed by the 
county auditor and countersigned by the chairman of the board of 
county commissioners; Provided, that the same depositary may be 
designated for one or more school corporations. 

Sec. 6. The following shall constitute a part of every contract 
with publishers as provided in this act, whether contained in such 
contract or not. Whenever the state of South Dakota shall have 
published a sufl&cient number of any textbooks used in the public 
schools of the state, to supply the schools of the state, to supply the 



SCHOOL LAWS 55 

schools of any county in the state, upon notice being- g-ivenby the gov- 
ernor to the county auditor of any county this contract shall be void 
as far as it relates to such book and the county auditor shall immed- 
iately notify the publishers holding- such contract. The county 
commissioners of such county shall forthwith supply all the schools of 
said county with the books printed by the state. The auditor of 
said count)' shall on or before the 10th of each calendar month send 
moneys for all state's books sold, to the state treasurer, tog-ether with 
such report as the governor of the state may direct. 

Sec. 7. The board of county commissioners may require a good 
and sufficient bond from each depositary designated by them as their 
agent, and such agent shall be required to file a statement with the 
county auditor on or before the 10th day of each calendar month show- 
ing the number and kinds of books sold by him, and the number and 
kinds of books on hand in such depositary on the last day of the pre- 
ceeding month, and all moneys due the county by such depositary 
shall be paid into the county treasury at the time of filing such state- 
ment. The county auditor shall supply each depositary with proper 
blanks for making such report. 

Sec. 8. The county board of education shall furnish a printed list 
of books adopted, designating the retail price of each, and supply one 
or more copies to each school corporation and to each depositary desig- 
nated. The secretary or clerk of each school corporation shall post 
said price list in each school room under his supervision. 

Sec. 9. Upon a written petition of the majority of the electors of 
any school corporation, asking that the school books be furnished 
free to the pupils, it shall be the duty of said board to arrange and 
furnish the free use of books to to the pupils of such corporation under 
such rules and regulations as said school board may determine. 

Sec. 10. Said school board must procure a safe book case in 
which said books shall be kept whenever it shall have been decided to 
supply its school books direct to the pupils and a careful invoice must 
be reported at the close of each term by the secretary. The books 
shall remain the property of the school corporation and can only be 
used on order of the board. 

Sec. 11. Books once adopted or contracted for under the proris- 
ion of this act shall not be changed for a period of five years, except 
as heretofore provided and on request of at least two-thirds of the 
school boards of the county. 

Section 12. No school teacher, coanty or city superintendent or 
member of any county board of education within the slate of South 
Dakota shall be allowed to receive any emolument, cash or otherwise 
from any publisher or publishers of school books in payment for a 
vote or promise to vote or use their influence for any book or books to 
be used in the schools under their charge. Neither shall any agent 



56 SCHOOL I<AWS 

or other person be allowed to give or offer any emoluments as hereto- 
fore described nor any promise of work nor other inducement to any 
teacher, county or city superintendent or member of any county board 
of education or other board of education for any vote or promise to 
vote or to use their influence for any book or books to be used in the 
schools under their charge; Provided, that nothing in this section 
shall be construed to prevent any school official from receiving a reas- 
anable number of sample copies for investigation, with a view to ob- 
tain in "o niation as to the book or series of bOLki fo.' which such official 
shall cast his vote; Provided further, that nothing in this section shall 
be construed to prevent any teacher from obtaining employment from 
any publishing house, in schools not under their direct charge. Any 
person violating the provisions of this section shall be deemed guilty 
of a misdemeanor. 

Sec. 13. All acts or parts of acts in conflict with the provisions of 
this act are hereby repealed. 

Sec. 14. Whereas, no law is in force enabling school boards to 
contract for textbooks, therefore an emergency exists and this act 
shall be in force from and after its passage and approval. 

Approved March 9, 1897. 

CONSTITUTIONAL PROVISIONS. 

Sec. 1. Art. VIII. The stability of a republican form of govern- 
ment depending on the morality and intelligence of the people, it shall 
be the duty of the legislature to establish and maintain a general and 
uniform system of public schools, wherein tuition shall be without 
charge, and equally open to all, and to adopt all suitable means to 
secure to the people the advantages and opportunities of education. 

Sec. 15. Art. VIII. The legislature shall make such provisions 
by general taxation, and by authorizing the school corporation to levy 
such additional taxes, as with the income from the permanent school 
fund shall sceure a thorough and efficient system of common schools 
throughout the state. 

Sec. 16. Art. VIII. No appropriation of lands, money or other 
property or credits to aid any sectarian school shall ever be made by 
the state, or any county or municipality within the state, nor shall 
the state or any county or municipality within the state accept any 
grant, conveyance, gifts or bequest of lands, money or other property 
to be used for sectarian purposes, and n© sectarian instruction shall 
be allowed in any school or institution aided or supported by the state. 

Sec. 17. Art. VIII. No teacher, state, county, township or dis- 
trict school officer shall be interested in the sale, proceeds or profit of 
any book, apparatus or furniture used or to be used in any school in 
this state, under such penalties as shall be provided by law. 

Sec. 9. Art. VII. ' Any woman having the qualifications enumer- 
ated in Section 1, of this article, as to age, residence and citizenship, 
and including those now qualified by the laws of the territory, may 
vote at any election held solely for school purposes, and may hold any 
office in this state except as otherwise provided In this constitution. 



INDEX TO SCHOOL LAWS. 

State Supervision pack 

Superintendent — duties of 3 

Office of 3 

Shall print laws 3 

Shall make report 4 

To prepar* examination questions 4 

May appoint deputy 4 

Institute conductors 4 

Meeting of institute conductors 4- 

Blanks and blank forms 4 

Compensation of 4 

State certificate and diplomas S 

Examination for same 5 

State certificate — how secured S 

Renewal of same 6 

State diploma — how secured 6 

Certificate free 6- 

May be revoked 7 

County Supervision 

Supervision — duties of 7 

Shall encourag-e institute 7 

County certificates 7 

Grades of same 8 

Age of Applicant 8 

Revocation of certificate 9 

County normal 9 

Medium of communication 10 

Salaries of superintendents 10' 

May close sehool 11 

Visiting- schools 11 

Certificate not. required 11 

To examine accounts , 11 

Vacancy — how filled 11 

Treasurer's bond 12 

Oaths of office 12 

Qualifications 12 

May provide office 12 

Shall report enumeration 13 

Shall make annual report ' 13 

Appeals from district board 13 

Appeal from county superintendent 14 

Tax levy 14 



INDEX 

PAGE 

Apportionment of money 15 

District institutes 15 

Not hold other office 15 

Clerk's report 15 

Treasurer's report 16 

Failure of officer to report 16 

Mileag-e of county superintendent 16 
School Corporations 

School corporations defined 17 

New counties — districts of 17 

Township district — how subdivided 17 

Officers reports — subdivision 18 

Name of school district 18 

Boundaries — how changed 19 

School district corporation 19 

Superintendent shall make plat of county 19 
District School Board 

School district officers 20 

Annual election of officers 20 

School board — meeting's of 21 

Chairman — duties of 21 

Clerk— duties of 21 

Clerk and treasurer — bonds of 21 

Treasurer — duties of 22 

Warrants — payments of 22 

Warrants— how drawn 23 

Official oath and bonds-^where filed 23 

Salary — clerk and treasurer 23 
Powers and Duties of Board 

Powers and duties of board 23 

Discontinuance of school 25 

Electors may instruct board 26 

Clerk shall notify auditor 26 

Accounts — how kept 27 

School site 27 

Board may take land 28 

Conditions 28 

Reports in English 28 

Clerk of district meetings 28 

Webster's dictionary 28 

Clerk shall draw warrants 29 

Teachers and Schools 

Teachers — how employed 29 

Teachers' register 30 



INDEX 

PAGE 

Teacher shall make report > 30 

Shall give no^-ice 30 

Penalty for disturbing a school 30 

Reading of moral instruction 30 
Compulsory Education 

Attendance, period of — penalty 31 

Arrest of truant children 31 

Employment of children 31 

False statement 32 

Prosecutions — how and by whom made 32 

Courts having jurisdiction 32 
Miscellaneous 

Definition of school days 32 

Illegal contracts 32 

Annual school district contracts 46 

Penalty for false report 33 

Must qualify 33 

Vacancy — how filled 33 

Records open to inspection 33 

Tax levy to satisfy judgment 34 

Jurisdiction in school suits 34 

Fines and penalties 34 
Assessor — duty of 34 

Majority rule 34 

Annual school election 34 

Branches to be taught 34 

Form of oath 35 
Penalty for defacing school property 35 

Reading circles ' 35 

School Bonds 

Vote for issue of bonds 35 

Bond election 35 

Denomination of bonds 36 
Requirements as to form 36 

Sinking fund 37 

Sale of bonds ■ 37 

Bonds a lien 37 

Cancellation of bonds 37 

Contracts for building school house 37 

Application of this act 38 

Cities, Town and Independent Districts 

I^aw, where in force . . 38 

Committee of arbitration ,. 38, 

A free system of schools 39 



INDEX 

PAGE 

Adjacent territory — how attached 39 

Shall be a corporation 40 

Conveyences of property 40 

Board of education 41 

Power to fill vacancy 41 

Shall maintain and control schools 41 

Organization — how made 41 

Duties of the president and clerk 42 

Tax levy 42 

Treasurer — how chosen — bond of — duties 42 

Taxable property 42 

Regular meetings 42 

Clerk's annual report 43 

Contracts 43 

May read Bible 43 

Bonds — how issued 43 

Bond election 43 

Shall sign bonds 43 

Bond interest 44 

Sinking fund — how invested 44 

Payment of interest 44 

Paym nt pledged * 44 

Bond and warrant register 44 

Official oath and bond 44 

Examination of teach«rs in independent districts 45 

Ballot boxes to be provided 45 

Error on tax list 46 

Repeal 46 
Defining Power and Duties of Regents 

Appointment by governor 46 

Terms of office 46 

Vacancies — how filled 47 

Qualification and organization 47 

Appointment of Committees 47 

Meetings, quorums 48 

Absences 48 

General powers and duties 48 

Authority to make contracts and expend monejs 48 

Employment of Agents 49 

Tuition Fees 49 

Conferring Degrees 50 

Compensation Si 

Uniform Text Books S3 

Constitutional Provisions 56 



V 



School Furnitttre 

and Apparatus 

^ School Desks, 

Black Boards, ^f 

Globes, Maps, 

Bells, Chalk and E)rasers, 
Examination Paper, 

Kindergarten Goods, 
^ Flags, --' 

Diplomas, 

Registers, ^ 

Si 1 
and '^^li 

Webster's International Dictionary. 



We only ask you to grive us an o^'portunitj- to quote prices. 

We sell on commission at a very Close Margin. We g-uarrantee to save you 

lots of money. 

Address, 

THE EDUCATOR SCHOOL SUPPLY CO., 

Mitchell, South Dakota 

HARRY L. BRAS, Manager 

Editor 
South Dakota Educator 



LEae'\3 



